Walker v. Commissioner of Social Security

District Court, W.D. North Carolina

Walker v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:24-cv-229-MOC-WCM

ALISHA WALKER, ) ) Plaintiff, ) ) v. ) ORDER ) MICHELLE KING, ) Acting Commissioner of Social Security, ) ) ) Defendant. ) ______________________________________ )

THIS MATTER is before the Court on Defendant’s Motion to Reverse and Remand this case for further administrative proceedings pursuant to sentence four of

42 U.S.C. § 405

(g). (Doc. No. 8). Plaintiff, via counsel, has consented to the Motion. Under relevant law and case precedent, this Court has the authority to reverse a Commissioner’s prior decision and remand the matter for further administrative proceedings. See Shalala v. Schaefer,

509 U.S. 292

(1993); Melkonyan v. Sullivan,

501 U.S. 89

(1991). The Court finds good cause has been alleged for remand and that further administrative fact-finding is warranted. IT IS, THEREFORE, ORDERED that Defendant’s Motion to Reverse and Remand, (Doc. No. 8), is GRANTED. Pursuant to this Court’s power to reverse the Commissioner’s decision in Social Security actions under

42 U.S.C. § 405

(g), this Court REVERSES the Commissioner’s decision and REMANDS the case to the Commissioner for further proceedings. Furthermore, the Clerk shall terminate Plaintiff’s Brief, docketed as a motion. (Doc. No. 5). Signed: February 10, 2025

lees” C) Py = Ke REANIM Lee : Max O. Cogburn J □□ United States District Judge Teale

Reference

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