Carlos v. Saul

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

CHARLOTTE DIVISION CASE NO. 3:20-CV-598-DCK

AFRICENTRA CARLOS, )

) Plaintiff, )

) v. ) ORDER

) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, )

) Defendant. )

) THIS MATTER IS BEFORE THE COURT on Defendant’s “Motion For Reversal And Remand Pursuant To Sentence Four Of 42 U.S.C. § 405(g)” (Document No. 20) filed August 20, 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.

For good cause shown, the Court hereby reverses the Acting Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) and remands the case to the Acting Commissioner for further administrative action. 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.

IT IS, THEREFORE, ORDERED that Defendant’s “Motion For Reversal And Remand Pursuant To Sentence Four Of 42 U.S.C. § 405(g)” (Document No. 20) is GRANTED. This matter is REMANDED to the Commissioner for further consideration.

SO ORDERED.

Signed: August 20, 2021 David C. Keesler wed, United States Magistrate Judge wae