Higgins v. Saul

District Court, W.D. North Carolina

Higgins v. Saul

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION MICHAEL HIGGINS, ) Plaintiff, Vv. Civ. No. 1:20-CV-264-DSC ANDREW M. SAUL, Commissioner of Social Security, ) Defendant.

ORDER Defendant, Andrew M. 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, through counsel, consents to Defendant’s Motion for Remand to the Commissioner. 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 administrative proceedings. See Shalala v. Schaefer,

509 U.S. 292

(1993); Melkonyan v. Sullivan,

501 U.S. 89

(1991). The Clerk of the Court is directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED. Signed: July 5, 2021

fr AC ey David S. Cayer : United States Magistrate Judge ae

Reference

Status
Unknown