Lott v. Commissioner of Social Security

District Court, N.D. Mississippi

Lott v. Commissioner of Social Security

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION

AMY LOTT PLAINTIFF

v. CIVIL ACTION NO.: 4:19-cv-162-JMV

ANDREW SAUL, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION DEFENDANT

ORDER GRANTING UNOPPOSED MOTION TO REMAND

THIS CAUSE having come on for hearing on the Defendant’s Motion to Remand [ECF No. 20] and this Court, having considered the same and being fully advised in the premises, and noting that Plaintiff 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 Remand is GRANTED, and the June 19, 2019, unfavorable decision denying Plaintiff’s claim for disability insurance benefits under Title II of the Social Security Act,

42 U.S.C. §§ 416

(i) and 423 is REVERSED, and this case is 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). SO ORDERED this, the 24th day of June, 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 900 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/ Susan C. Smith (with permission) Susan C. Smith – MS BAR #99776 Attorney at Law P.O. Box 1251 Greenville, MS 38702 Telephone: 662-378-2558 E-Mail: [email protected] Attorney for Plaintiff Amy P. Lott

Reference

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