Miller v. Kijakazi ( 2021 )

IN THE UNITED STATES DISTRICT COURT □ _ FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION . Case No. 5:21-CV-00010-M VICKI ANN MILLER, ) Plaintiff, . Vv. . . ORDER KILOLO KUJAKAZI, | Acting Commissioner of Social Security, ) ‘Defendant. This matter is before the court on Plaintiff s Motion for Judgment on the Pleadings [DE 18] and Defendant’s Consent Motion for Reversal and Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g). [DE 22]. Under sentence four of 42 U.S.C. § 405(g), the district court has the authority to remand a case to the Commissioner of Social Security for further fact finding. 42 U.S.C. § 405(g); Sullivan v. Finkelstein, 496 U.S. 617, 624-25 (1990). Sentence four of § 405(g) states “[t]he court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). For good cause shown, Defendant’s motion is GRANTED. The court 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 consistent with this order. See Shalala v. Schaefer, 509 U.S. 292, 296-97 (1993); Melkonyan vy. Sullivan, 501 U.S. 89, 98 (1991) (“The fourth sentence of § 405(g) authorizes a court to enter ‘a judgment affirming, modifying, or reversing the . decision of the Secretary, with or without remanding the cause for a rehearing.’”). In light of this order, Plaintiff's motion is DENIED AS MOOT. The Clerk of the Court shall enter a judgment pursuant to Rule 58 of the Federal Rules of - Civil Procedure and close this case. SO ORDERED this“ day of December, 2021. □ RICHARD E. MYERS II □ CHIEF UNITED STATES DISTRICT JUDGE