District Court, W.D. North Carolina, 2024

Penfold v. Commissioner of Social Security

Penfold v. Commissioner of Social Security
District Court, W.D. North Carolina · Decided January 16, 2024
Penfold v. Commissioner of Social Security

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL ACTION NO. 1:23-CV-00189-KDB LUCAS PENFOLD, Plaintiff, v. ORDER MARTIN O’MALLEY, Commissioner of Social Security, Defendant.

THIS MATTER is before the Court on Defendant’s Consent Motion to Remand (Doc.

No. 9). Pursuant sentence four of 42 U.S.C. § 405(g), this Court has the power to remand Social Security actions together with a judgment affirming, modifying, or reversing Defendant’s decision.

Here, with Plaintiff's consent, Defendant seeks to remand this case for further administrative proceedings. Accordingly, at the request of the parties, 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).

SO ORDERED.

Signed: January 16, 2024 Kenneth D. Bell Cy, United States District Judge i f

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