Hembree v. Commissioner of Social Security

District Court, W.D. North Carolina

Hembree v. Commissioner of Social Security

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION JAMES HEMBREE, ) ) Plaintiff, ) ) v. ) Civ. No. 1:24-CV-00168-GCM ) CAROLYN W. COLVIN,! ) Acting Commissioner of Social Security, _) ) Defendant. ) ORDER Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing Defendant’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, with Plaintiff's consent, to remand this case for further administrative proceedings, the Court hereby remands this case to Defendant, pursuant to sentence four of

42 U.S.C. § 405

(g), for further administrative proceedings. See Melkonyan vy. Sullivan,

501 U.S. 89

(1991); Shalala v. Schaefer,

509 U.S. 292

(1993). The clerk of the Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed: December 23, 2024 SO ORDERED. Labal Ihe Graham C. Mullen United States District Judge gt

' Carolyn Colvin became the Acting Commissioner of Social Security on November 30, 2024. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn Colvin should be substituted for Martin O’ Malley 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 US.C. § 405(g).

Reference

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