Dickens v. Saul

District Court, W.D. North Carolina

Dickens v. Saul

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION SHATOYA DICKENS, ) Plaintiff, ) ) Vv. ) Civil Action No. 3-20-cv-581-GCM ) KILOLO KIJAKAZI,! ) Acting Commissioner of Social Security, ) ) Defendant. ) ORDER The Defendant, Kilolo Kijakazi, Acting Commissioner of Social Security, has moved this Court, pursuant to sentence four of

42 U.S.C. § 405

(g), to enter a judgment reversing her decision with a remand of the cause for further administrative proceedings. Plaintiff's counsel has indicated that she does not oppose the Defendant’s Motion for Remand. 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 cause to the Commissioner for further proceedings. See Melkonyan v. Sullivan,

501 U.S. 89

(1991). Signed: September 13, 2021 Labal Ihe Graham C. Mullen United States District Judge eee ' Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted, therefore, for Andrew Saul as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act,

42 U.S.C. § 405

(g).

Reference

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