Hufstader v. Saul

District Court, W.D. North Carolina

Hufstader v. Saul

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION JOHN HUFSTADER, ) ) Plaintiff, ) ) } Civil No, 1:19-ev-00266-DSC ANDREW SAUL, ) Commissioner of Social Security, ) ) Defendant. ) ORDER Defendant Andrew Saul, Commissioner of Social Security, has moved this Court pursuant to sentence four of

42 U.S.C. § 405

(g), to enter a judgment reversing his decision with a remand of the case for further administrative proceedings. Plaintiff consents to Defendant’s Motion for Remand. Pursuant to the power of this Court to enter a judgment reversing the Commissioner’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. See Melkonyan v. Sullivan,

501 U.S. 89

(1991). Signed: April 28, 2020 SO ORDERED. GF /\ ( David S. Cayer if United States Magistrate Judge ae ' Andrew Saul is now the Commissioner of Social Security and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also Section 205(g) of the Social Security Act,

42 U.S.C. § 405

(g) (action survives regardless of any change in the person occupying the office of Commissioner of Social Security).

Reference

Status
Unknown