Hofler v. Kijakazi

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA

NORTHERN DIVISION CIV. NO. 2:18-CV-00050-BO

ANGELIC HOFLER, )

)

Plaintiff, )

)

v. ORDER

KILOLO KIJAKAZI, ) Acting Commissioner of Social ) Security, )

)

Defendant. )

Defendant has moved this Court, pursuant to sentence four of 42 U.S.C. § 405(g), to enter a judgment reversing the decision in this case with a remand of the case for further administrative proceedings. Plaintiffs attorney does not oppose Defendant’s motion for remand.

Pursuant to the power of this Court to enter a judgment reversing the Commissionev’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 so that Plaintiff can obtain a new hearing before a different, properly appointed ALJ. See Melkonyan v. Sullivan, 501 U.S. 89 (1991).

SO ORDERED this J day of September, 2021. pee W. BOYLE i

UNITED STATES DISTRICT JUDGE