White v. Commissioner of Social Security
White v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 1:21-CV-00264-FDW
NICOLE WHITE, ) ) Plaintiff, ) ) vs. ) ORDER ) KILOLO KIJAKAZI, Acting Commissioner ) of Social Security,1 ) ) Defendant. ) )
THIS MATTER is before the Court on Defendant’s Motion to Remand to Social Security Administration, (Doc. No. 11), filed on April 13, 2022. In her Motion, Defendant moves 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 case for further administrative proceedings. Plaintiff, through counsel, does not oppose Defendant’s Motion. For good cause shown, IT IS THEREFORE ORDERED that Defendant’s Motion to Remand, (Doc. No. 11), is GRANTED, and this Court REVERSES the Commissioner’s decision under sentence four of
42 U.S.C. § 405(g) and REMANDS the case to the Commissioner for further proceedings. See Melkonyan v. Sullivan,
501 U.S. 89(1991). IT IS SO ORDERED.
1 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). Signed: April 13, 2022
Frank D. Whitney 27 United States District Judge □□□
Reference
- Status
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