Blair v. Kijakazi

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

SOUTHERN DIVISION

ERIC EDWARD BLAIR, )

)

Plaintiff, )

)

Vv. )

) Civil No. 7:18-CV-00164-KS 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's attorney does not oppose the 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 y. Sullivan, 501 U.S. 89 (1991).

On remand, the Agency will assign Plaintiffs case to a different Administrative Law Judge to further evaluate Plaintiff's claims, offer Plaintiff the opportunity for a new hearing, and issue a new decision.

This 8th day of June 2021.

KIMBERVY A. SWANK United States Magistrate Judge