Smith v. Saul

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION 5:20-cv-151 CASEY KENNETH SMITH, ) ) Plaintiff, ) ) Vv. ) ORDER ) ANDREW SAUL, ) Commissioner of Social Security, ) ) Defendant. ) ) This matter is before the Court on Plaintiffs Motion for Summary Judgment, (Doc. No. 15), and on Defendant’s Motion for Remand to the Commissioner, (Doc. No. 17). Plaintiff, through counsel, consents to Defendant's Motion for Remand to the Commissioner.

For good cause shown, the Court hereby reverses the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) and § 1383(c)(3) and remands the case to the Commissioner for further proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991).

To this extent, Plaintiff's Motion for Summary Judgment, (Doc. No. 15), shall be terminated as MOOT, and Defendant’s Motion for Remand to the Commissioner, (Doc. No. 17), is GRANTED.

Signed: July 22, 2021 errors Max O. Cogburn i ) United States District Judge Tote t