Finkley-Nixon v. Commissioner of Social Security Administration

District Court, D. South Carolina

Finkley-Nixon v. Commissioner of Social Security Administration

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION

ADRIENE C. FINKLEY-NIXON, ) Civil Action No. 0:21-cv-01616-JD-PJG ) Plaintiff, ) ) v. ) ORDER ) KILOLO KIJAKAZI, ) Acting Commissioner of ) Social Security Administration, ) ) Defendant. )

This matter is before the Court by way of a Motion to Remand by Defendant Kilolo Kijakazi, Acting Commissioner of the Social Security Administration. (DE 12.) Pursuant to the power of the Court to enter a judgment affirming, modifying, or reversing the Commissioner’s decision with remand in Social Security actions under sentence four of

42 U.S.C. § 405

(g), and in light of the Commissioner’s request for remand with consent of the Plaintiff of this action for further proceedings, it is hereby ORDERED that the decision of the Commissioner is VACATED and this case is remanded to an administrative law judge under sentence four of

42 U.S.C. § 405

(g) with a REMAND of the cause to the Commissioner for further administrative proceedings consistent with Defendant’s Memorandum in Support of its Motion.1 See Shalala v. Schaefer,

509 U.S. 292

(1993).

1 The Clerk of the Court will enter a separate judgment pursuant to the Federal Rules of Civil Procedure, Rule 58. IT IS SO ORDERED. C esep basso Joseph Dawson, HI United States District Judge Greenville, South Carolina November 23, 2021

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