Scharschell v. Social Security Administration, Commissioner of

D. Kansas

Scharschell v. Social Security Administration, Commissioner of

DecidedMay 12, 2023

Docket6:22-cv-01252

StatusUnknown

This text of Scharschell v. Social Security Administration, Commissioner of (Scharschell v. Social Security Administration, Commissioner of) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Scharschell v. Social Security Administration, Commissioner of, (D. Kan. 2023).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

L.S., JR.,1

Plaintiff,

v. Case No. 22-1252-DDC

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant. MEMORANDUM AND ORDER Defendant, the Acting Commissioner of Social Security, by and through her counsel, has filed an unopposed motion with this court (Doc. 20), under 42 U.S.C. § 405(g), to enter a judgment with an order of reversal with remand of the case to the Commissioner for further administrative proceedings. Under the power of this court to enter a judgment affirming, modifying, or reversing the Commissioner’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of the Commissioner’s request for remand of this action for further proceedings, this court hereby REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further administrative proceedings.2 See Shalala v. Schaefer, 509 U.S. 292, 296–302 (1993).

1 The court makes all its “Memorandum and Order[s]” available online. Therefore, as part of the court’s efforts to preserve the privacy interests of Social Security disability claimants, it has decided to caption such opinions using only plaintiff’s initials.

2 The Clerk of the Court will enter a separate judgment under Fed. R. Civ. P. 58. DATED this 12th day of May, 2023, at Kansas City, Kansas.

s/ Daniel D. Crabtree Daniel D. Crabtree United States District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

L.S., JR.,1

Plaintiff,

v. Case No. 22-1252-DDC

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant. MEMORANDUM AND ORDER Defendant, the Acting Commissioner of Social Security, by and through her counsel, has filed an unopposed motion with this court (Doc. 20), under 42 U.S.C. § 405(g), to enter a judgment with an order of reversal with remand of the case to the Commissioner for further administrative proceedings. Under the power of this court to enter a judgment affirming, modifying, or reversing the Commissioner’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of the Commissioner’s request for remand of this action for further proceedings, this court hereby REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further administrative proceedings.2 See Shalala v. Schaefer, 509 U.S. 292, 296–302 (1993).

1 The court makes all its “Memorandum and Order[s]” available online. Therefore, as part of the court’s efforts to preserve the privacy interests of Social Security disability claimants, it has decided to caption such opinions using only plaintiff’s initials.

2 The Clerk of the Court will enter a separate judgment under Fed. R. Civ. P. 58. DATED this 12th day of May, 2023, at Kansas City, Kansas.

s/ Daniel D. Crabtree Daniel D. Crabtree United States District Judge

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