Fredell v. Commissioner of Social Security

District Court, W.D. North Carolina

Fredell v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION DOCKET NO. 1:22-CV-00154-FDW BILLIE FREDELL, ) ) Plaintiff, ) ) Vs. ) ) ORDER KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. )

THIS MATTER is before the Court on the Commissioner’s Consent Motion to Remand, (Doc. No. 16). 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

42 U.S.C. § 405

(g), and in light of Defendant’s Motion to remand this case for further administrative proceedings, to which Plaintiff consents, the Court hereby GRANTS the Commissioner’s Consent Motion to Remand, (Doc. No. 16). Accordingly, pursuant to sentence four of

42 U.S.C. § 405

(g), the Court hereby REMANDS this case to Defendant Commissioner for further administrative proceedings. See Melkonyan v. Sullivan,

501 U.S. 89

(1991); Shalala v. Shaefer,

509 U.S. 292

(1993). The Clerk of Court is respectfully DIRECTED to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. IT IS SO ORDERED. Signed: March 3, 2023

Frank D, Whitney its United States District Judge

Reference

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