Coates v. Commissioner

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

ASHEVILLE DIVISION 3:20-cv-00420-WCM

TONI COATES, )

)

Plaintiff, )

)

v. ) ORDER

)

ANDREW SAUL, ) Acting Commissioner of the Social ) Security Administration, )

)

Defendant. )

_______________________________ ) This matter is before the Court on the following:

1. Plaintiff’s Motion for Summary Judgment (Doc. 15); and 2. The Commissioner’s “Consent Motion for Reversal and Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g)” (the “Motion to Remand,” Doc. 18).1 Under Sentence Four of 42 U.S.C. § 405(g), the Court has the authority “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.” See Shalala v. Schaefer, 509 U.S. 292, 299, 113 S.Ct. 2625, 2630-31, 125 L.Ed.2d 239 (1993). 1 This matter has been referred to the undersigned for any and all proceedings, including entry of a final judgment. Docs. 13 & 14.

Here, the Commissioner asks this Court to “enter a judgment remanding the case to the Commissioner for payment of benefits as of Plaintiff's 55th birthday under sentence four of 42 U.S.C. § 405(g)” and represents that Plaintiff's counsel consents to the motion. Doc. 18 at 1.

IT IS THEREFORE ORDERED THAT:

1. The Consent Motion for Reversal and Remand Pursuant to Sentence

Four of 42 U.S.C. § 405(g) (Doc. 18) is GRANTED, the Commissioner’s decision is REVERSED, and this matter is REMANDED for the payment of benefits as of Plaintiff's 55th birthday pursuant to Sentence Four of 42 U.S.C. § 405(g); and

2. Plaintiffs Motion for Summary Judgment (Doc. 15) is DENIED AS

MOOT.

Signed: July 2, 2021 W. Carleton Metcalf py United States Magistrate Judge + AM J