Hardin v. SSA
Hardin v. SSA
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION (at Ashland)
RANDUFF HARDIN, ) ) Plaintiff, ) Civil Action No. 0:19-CV-105-CHB ) v. ) ) ORDER GRANTING MOTION FOR COMMISSIONER OF SSA, ) ENTRY OF JUDGMENT WITH ) REMAND Defendant. )
*** *** *** *** This matter is before the Court on the Commissioner’s Motion for Entry of Judgment with Remand Under Sentence Four of
42 U.S.C. § 405(g) [R. 13]. Plaintiff has no objection to this Motion. [Id. at ¶ 3] Sentence four of
42 U.S.C. § 405(g) provides that the Court “shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.” See also Shalala v. Schaefer,
509 U.S. 292(1993). Pursuant to this power, in light of the Commissioner’s request for remand of this action for further proceedings, and the Court being otherwise sufficiently advised; IT IS HEREBY ORDERED as follows: 1. The Commissioner’s Motion for Entry of Judgment with Remand Under Sentence Four of
42 U.S.C. § 405(g) [R. 13] is GRANTED. 2. Plaintiff’s Motion for Summary Judgment [R. 9] is DENIED as moot. 3. The Commissioner’s decision is REVERSED under sentence four of
42 U.S.C. § 405(g). 4. This matter is REMANDED to the Commissioner for further administrative proceedings. 5. A separate Judgment will be entered contemporaneously with this Order. This the 30th day of March, 2020. Jee, SETS, Cone Heurkoond ae wae | iy CLARIA HORN BOOM, “Rae «UNITED STATES DISTRICT COURT JUDGE WORE —CEASTERN AND WESTERN DISTRICTS OF VG" KENTUCKY
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