Guilkey v. Commissioner of Social Security

District Court, W.D. North Carolina

Guilkey v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1-21-cv-252-MOC CHRISTOPHER GUILKEY, ) Plaintiff, ) ) v. ) ) ORDER ) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. )

Defendant, Kilolo Kijakazi, Acting Commissioner of Social Security, has moved 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 cause for further administrative proceedings. (Doc. No. 13). Plaintiff's counsel has indicated that he does not oppose the Defendant’s Motion for Remand. 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 cause to the Commissioner for further proceedings. See Melkonyan v. Sullivan,

501 U.S. 89

(1991). IT IS THEREORE ORDERED that: (1) Defendant’s Motion for Remand, (Doc. No. 13), is GRANTED. (2) Plaintiff's Motion for Summary Judgment, (Doc. No. 11), is TERMINATED as moot. Signed: May 6, 2022

Reference

Status
Unknown