Agnew v. Saul

District Court, W.D. North Carolina

Agnew v. Saul

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO. 3:20-CV-407-DCK KEISHA AGNEW, ) ) Plaintiff, ) ) v. ) ORDER ) ANDREW M. SAUL, ) Commissioner of Social Security, ) ) Defendant. ) )

THIS MATTER IS BEFORE THE COURT on Defendant’s “Consent Motion For Reversal And Remand Pursuant To Sentence Four Of

42 U.S.C. § 405

(g)” (Document No. 18) filed June 4, 2021. This motion has been referred to the undersigned Magistrate Judge pursuant to

28 U.S.C. § 636

(b), and immediate review is appropriate. Having carefully considered the motion and the record, the undersigned will grant the motion. By the instant motion, Defendant “moves this Court, pursuant to sentence four of

42 U.S.C. § 405

(g), to enter a judgment reversing his decision and remanding this case for further administrative proceedings.” (Document No. 18, p. 1) (citing Shalala v. Schaefer,

509 U.S. 292

(1993); Melkonyan v. Sullivan,

501 U.S. 89

(1991)). Defendant notes that “[u]nder sentence four of

42 U.S.C. § 405

(g), this Court has the power ‘to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying or reversing the decision of the Commissioner, with or without remanding the cause for a rehearing.’”

Id.

Plaintiff’s counsel does not oppose Defendant’s request to remand. (Document No. 18-1, p. 2). IT IS, THEREFORE, ORDERED that Defendant’s “Consent Motion For Reversal And Remand Pursuant To Sentence Four Of

42 U.S.C. § 405

(g)” (Document No. 18) is GRANTED. This matter is REMANDED to Defendant for further consideration and proceedings. IT IS FURTHER ORDERED that Plaintiffs “Motion For Summary Judgment” (Document No. 16) is DENIED AS MOOT. SO ORDERED.

Signed: June 7, 2021 be David C. Keesler tg United States Magistrate Judge ee

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