Dellinger v. Saul

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

ASHEVILLE DIVISION

CIVIL ACTION NO. 1:21-CV-00102-FDW

SUSAN GRAYSON DELLINGER,

Plaintiff, v. ORDER

KILOLO KIJAKAZI, Acting

Commissioner of Social Security,

Defendant.

THIS MATTER is before the Court on Plaintiff's request for judicial review of the Acting Commissioner’s decision that he is not disabled. (Doc. No. 1). The Acting Commissioner has not yet answered the Complaint. Instead, the Acting Commissioner filed a Consent Motion for Remand Pursuant to Sentence Six of 42 U.S.C. § 405(g), requesting that this Court remand this case under sentence six of 42 U.S.C. § 405(g), due to irregularities in the hearing recording process of the administrative hearing held in this case. (Doc. No. 9). Plaintiff has consented to the motion. Good cause having been shown, the Court hereby REMANDS this case to the Commissioner under sentence six of 42 U.S.C. § 405(g), for further administrative proceedings. Because this case is being remanded under sentence six of 42 U.S.C.§ 405(g), judgment is not entered at this time and this Court shall retain jurisdiction of this case while it is pending before the Acting Commissioner. See Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991).

IT IS SO ORDERED.

August 5, 2021

Frank D. Whitney é +3

United States District Judge ages