Underwood v. Kijakazi

District Court, W.D. North Carolina

Underwood v. Kijakazi

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:21-CV-125

JACKIE UNDERWOOD ) ) Plaintiff, ) ) v. ) ORDER ) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. ) )

This matter is before the Court on Plaintiffs motion for summary judgment and Defendant’s motion for remand to the Acting Commissioner. (Doc. No. 15). Plaintiff, through counsel, consents to Defendant's motion for remand to the Acting Commissioner. The motion is GRANTED. For good cause shown, the Court hereby reverses the Acting Commissioner’s decision under sentence four of

42 U.S.C. § 405

(g) and remands the case to the Acting Commissioner for further administrative proceedings. See Shalala v. Schaefer,

509 U.S. 292

(1993); Melkonyan v. Sullivan,

501 U.S. 89

(1991). To this extent, Plaintiff's pending Motion for Summary Judgment, (Doc. No. 13), shall be TERMINATED as MOOT.

Signed: January 24, 2022

evrnna Max O. Cogburn i ) United States District Judge Tote t

Reference

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