Overall v. Saul

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA

STATESVILLE DIVISION MELISSA OVERALL, )

)

Plaintiff, )

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v. Civil No. 5:20-CV-187-FDW KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, )

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Defendant. )

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ORDER

THIS MATTER 1s before the Court on Plaintiff's Motion for Judgment on the Pleadings (Doc. No. 11) and the Consent Motion to Remand (Doc. No. 13) filed by Defendant. Defendant has moved this Court, pursuant to sentence four of 42 U.S.C. § 405(g), to enter a judgment reversing the decision in this case with a remand of the case for further administrative proceedings. Plaintiffs attorney does not oppose Defendant’s motion for remand.

IT IS THEREFORE ORDERED that the Consent Motion to Remand (Doc. No. 13) is GRANTED, and Plaintiff's Motion for Judgment on the Pleadings (Doc. No. 11) is DENIED AS MOOT. 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 case to the Commissioner for further proceedings. See Melkonyan vy. Sullivan, 501 U.S. 89 (1991).

SO ORDERED. Signed: October 5, 2021

Frank D. Whitney 2 > yg TInited Ctatec Tyictrict Thnidoe Saas