Downing v. Commissioner of Social Security

District Court, W.D. North Carolina

Downing 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-00314-GCM-SCR AMANDA LOUANN DOWNING, Plaintiff, v. ORDER

MARTIN O’MALLEY!, Commissioner of Social Security, Defendant.

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 Plaintiffs 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 y. Sullivan, 501 USS. 89 (1991); Shalala v. Schaefer,

509 U.S. 292

(1993).

SO ORDERED. Signed: March 26, 2024 Labal Ihe Graham C. Mullen United States District Judge gt

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).

Reference

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