Kelley v. Kijakazi

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION DOCKET NO. 5:20-cv-0007 1-MOC-WCM PATRICK KELLEY, ) ) Plaintiff, ) ) Vs. ) ORDER ) ANDREW M. SAUL, Commissioner of Social ) Security, ) ) Defendant. ) THIS MATTER is before the court on the consent Motion for Entry of Judgment with Remand under Sentence Four. (#15). Having considered such motion, the court enters the following Order.

ORDER IT IS, THEREFORE, ORDERED that the consent Motion for Entry of Judgment with Remand under Sentence Four of 42 U.S.C. §405(g) (#15) is GRANTED, the final decision of the Commissioner is REVERSED, and this matter is REMANDED to the Commissioner for further administrative proceedings, all pursuant to sentence four of Section 405(g) of the Social Security Act. See Melkonyan v. Sullivan, 501 U.S. 89 (1992); Shalala v. Schaefer, 509 U.S. 292 (1993).

The plaintiff's Motion for Summary Judgment (#12) is DENIED without prejudice as MOOT.

Signed: April 7, 2021 orton <.

Max O. Cogburn ifs 2) United States District Judge Tote t