Miller v. O'Malley
Miller v. O'Malley
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:23-cv-00497-BO-RN AMELIA MILLER, ) ) Plaintiff, ) ) Vv. ) ) MARTIN O’MALLEY!}, ) Commissioner of Social Security, ) ) Defendant. )
ORDER
This matter is before the Court based on Plaintiffs Memorandum in Support of Motion for Judgment on the Pleadings and Defendant’s Motion for Remand to the Commissioner. Plaintiff, through counsel, consents to Defendant’s Motion for Remand to the Commissioner. For good cause shown, the Court hereby 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 Shalala v. Schaefer,
509 U.S. 292(1993); Melkonyan vy. Sullivan,
501 U.S. 89(1991). The Clerk of the Court is directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
! Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’Malley should be substituted for Kilolo Kijakazi 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).
SO ORDERED thisAR day of February 2024.
TERRENCE W. BOYLE oy United States District Judge
Reference
- Status
- Unknown