Toleito v. Bisignano

District Court, E.D. North Carolina

Toleito v. Bisignano

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:25-cv-00030 FL

LOVE TOLEITO, ) Plaintiff, ) ) v. ) ) FRANK BISIGNANO1, ) Commissioner of Social Security, ) ) Defendant. ) ) ORDER This matter is before the Court based on Plaintiff’s Brief and the Commissioner’s Brief. 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 v. 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.

1 Frank Bisignano became the Commissioner of Social Security on May 6, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Frank Bisignano should be substituted 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 this 21st day of May 2025.

LOUISE W. FLANAGAN United States District Judge

Reference

Status
Unknown