Blair v. Kijakazi

District Court, E.D. North Carolina

Blair v. Kijakazi

Trial Court Opinion

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

Reference

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