Hofler v. Kijakazi

District Court, E.D. North Carolina

Hofler v. Kijakazi

Trial Court Opinion

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

Reference

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