McDonald v. Saul

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION VERNITA M. McDONALD PLAINTIFF v. CIVIL ACTION NO. 3:19-cv-279-JMV ANDREW M. SAUL, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION DEFENDANT ORDER GRANTING UNOPPOSED MOTION TO REVERSE AND REMAND THIS CAUSE having come on for hearing on the Defendant’s Motion to Reverse and Remand [ECF No. 15] and this Court, having considered the same and being fully advised in the premises, and noting that Plaintiff Vernita McDonald has no objection, is of the opinion that said Motion for Remand is well taken and should be, and the same is, hereby granted.

IT IS, THEREFORE, ORDERED AND ADJUDGED that Defendant’s Motion to Reverse and Remand is GRANTED, and the unfavorable decision denying Plaintiff’s claim for Title II Disability Insurance Benefits is REVERSED and REMANDED for further action by the Commissioner of the Social Security Administration pursuant to the fourth sentence of 42 U.S.C. § 405(g) and Melkonyan v. Sullivan, 501 U.S. 89 (1991).

IT IS, FURTHER, ORDERED that on remand an Administrative Law Judge shall consider the borderline age situation as defined in 20 C.F.R. § 404.1563(b) and decide whether the higher age classification should be applied in this case.

SO ORDERED this the 31st day of March, 2020.

/s/ Jane M. Virden UNITED STATES MAGISTRATE JUDGE PREPARED BY AND AGREED TO: /s/ J. Luke Benedict J. Luke Benedict - MS BAR #102992 Assistant United States Attorney Northern District of Mississippi Ethridge Professional Building Jefferson Avenue Oxford, MS 38655-3608 Telephone: (662) 234-3351 E-Mail: [email protected] Attorney for Andrew Saul, Commissioner of the Social Security Administration AGREED TO: /s/ Leanna Reynolds (with permission) Leanna Reynolds – MS BAR #104947 Thomas U. Reynolds Law Firm P.O. Drawer 280 Charleston, MS 38921 Telephone: (662) 647-3203 E-Mail: [email protected] Attorney for Plaintiff Vernita McDonald