Losaw v. Commissioner of Social Security
Losaw v. Commissioner of Social Security
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION MARK ANTHONY LOSAW, * * Plaintiff, * * CIVIL ACTION NO. 7:25-cv-628-BO BM v. * * FRANK BISIGNANO|!, * Commissioner of Social Security, * * Defendant. *
This matter is before the court on Plaintiffs Motion for Judgment on the Pleadings and Defendant’s Motion for Remand to the Commissioner for Further Administrative Proceedings. Plaintiffs counsel has been contacted regarding the Government’s Motion for Remand and consents to the Remand. Accordingly, 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). Upon remand, the Appeals Council will refer Plaintiffs case to an Administrative Law Judge (“ALJ”), who will
‘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).
offer the claimant the opportunity for a new hearing, take any further action needed to complete the administrative record, and issue a new decision. The Clerk of Court is directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED this BL day of july , 2025.
TERRENCE W. BOYLE UNITED STATES DISTRICT JUDGE
Reference
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