Higgins v. Commissioner of Social Security

District Court, W.D. North Carolina

Higgins v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:21-cv-00597-FDW JENNIFER HIGGINS, ) ) Plaintiff, ) ) Vs. ) ) ORDER COMMISSIONER OF SOCIAL SECURITY, ) ) Defendant. )

THIS MATTER is before the Court on the Commissioner’s Motion to Remand, (Doc. No. 11). For the reasons stated in the motion, to which Higgins consents, the Court finds good cause has been alleged for remand and further administrative fact-finding is warranted. IT IS THEREFORE ORDERED that the Motion to Remand (Doc. No. 11) is GRANTED. IT IS FURTHER ORDERED that pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing the Commissioner’s decision with remand in Social Security actions under sentence four of section 205(g) of the Social Security Act,

42 U.S.C. § 405

(g), and upon consideration of the Commissioner’s unopposed request to remand this cause for further administrative action, the Court hereby reverses Defendant’s decision under sentence four of

42 U.S.C. § 405

(g) and remands the case for further administrative action. See Shalala v. Schaefer,

509 U.S. 292

(1993); Melkonyan v. Sullivan,

501 U.S. 89

(1991). IT IS FURTHER ORDERED that all other pending motions shall be denied as moot, and the Clerk is respectfully directed to CLOSE THE CASE. IT IS SO ORDERED. Signed: May 9, 2022

Frank D. Whitney . ¥

Reference

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