District Court, W.D. North Carolina, 2021

McKnabb v. Saul

McKnabb v. Saul
District Court, W.D. North Carolina · Decided September 14, 2021
McKnabb v. Saul

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION BRENDA McKNABB, ) ) Plaintiff, ) Civ. No. 3:20-00465-GCM-DCK ) v. ) ) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, _) ) Defendant. ) ORDER Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing Defendant’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of Defendant’s motion, with Plaintiff's consent, to remand this case for further administrative proceedings, the Court hereby remands this case to Defendant, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings. See Melkonyan vy. Sullivan, 501 U.S. 89 (1991); Shalala v. Schaefer, 509 U.S. 292 (1993). Upon remand, the Appeals Council will instruct the Administrative Law Judge to further develop and consider the evidence of record, offer the claimant the opportunity for a hearing, take any further action needed to complete the administrative record, and issue a new decision.

The clerk of the Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.

SO ORDERED.

Signed: September 13, 2021 Lihat he Graham C. Mullen ee United States District Judge ee

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