District Court, W.D. North Carolina, 2021

Clark v. Commissioner of Social Security

Clark v. Commissioner of Social Security
District Court, W.D. North Carolina · Decided November 19, 2021
Clark v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:20-cv-00352-RJC MILTON CLARK, ) ) Plaintiff, ) ) vs. ) ) ORDER ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. ) ____) THIS MATTER comes before the Court on Plaintiff's motion for summary judgment, (DE 12), and Defendant’s consent motion for remand, (DE 14). Plaintiff, through counsel, consents to Defendant’s motion for remand to the Acting Commissioner.

For good cause shown, the Court hereby remands this action for further development pursuant to sentence four of 42 U.S.C. § 405(g). See Melkonyan y. Sullivan, 501 U.S. 89 (1991); Shalala v. Schaefer, 509 U.S. 292 (1993).

IT IS, THEREFORE, ORDERED that Defendant’s motion for remand is GRANTED.

IT IS FUTHER ORDERED that Plaintiff's motion for summary judgment is DENIED as moot.

The Clerk is directed to close this case.

Signed: November 19, 2021 Robert J. Conrad, Jr. ew, United States District Judge “ee

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