Hofler v. Kijakazi

District Court, E.D. North Carolina·Decided September 3, 2021·No. 2:18-cv-00050-BO·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION CIV. NO. 2:18-CV-00050-BO ANGELIC HOFLER, ) ) Plaintiff, ) ) v. ORDER KILOLO KIJAKAZI, ) Acting Commissioner of Social ) Security, ) ) Defendant. ) Defendant has moved this Court, pursuant to sentence four of 42 U.S.C. § 405(g), to enter a judgment reversing the decision in this case with a remand of the case for further administrative proceedings. Plaintiffs attorney does not oppose Defendant’s motion for remand. Pursuant to the power of this Court to enter a judgment reversing the Commissionev’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), this Court hereby REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) with a remand of the case to the Commissioner for further proceedings so that Plaintiff can obtain a new hearing

before a different, properly appointed ALJ. See Melkonyan v. Sullivan, 501 U.S. 89 (1991). SO ORDERED this J day of September, 2021.

pee W. BOYLE i UNITED STATES DISTRICT JUDGE

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Hofler v. Kijakazi, (E.D.N.C. 2021).

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Related

Melkonyan v. Sullivan
501 U.S. 89 (Supreme Court, 1991)