Cheek v. Commissioner of Social Security Administration

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

ROCK HILL DIVISION

SYLVIA CHEEK, ) Civil Action No. 0:20-cv-03921-JD-PJG )

Plaintiff, ) ) v. ) ORDER )

KILOLO KIJAKAZI,1 )

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 16.) 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.2 See Shalala v. Schaefer, 509 U.S. 292 (1993).

1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted, therefore, for Andrew Saul 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).

2 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 Joseph essen:

Joseph Dawson, HI

United States District Judge Greenville, South Carolina

November 23, 2021