Howard v. Berryhill ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION SHONDREA HOWARD, ) ) Plaintiff, ) Civ. No. 3:18-00571-DSC ) v. ) ) ANDREW M. SAUL, ) Commissioner of Social Security!) ) Defendant. ) ORDER Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing Defendant’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of Defendant’s Motion with Plaintiffs consent to remand this action for further administrative proceedings, the Court hereby remands this case to Defendant, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings. See Melkonyan v. Sullivan, 501 USS. 89 (1991); Shalala v. Schaefer, 509 U.S. 292 (1993). The Clerk of the Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED. Signed: June 26, 2019 David S. Cayer : i-f United States Magistrate Judge ae ' Andrew M. Saul is now the Commissioner of Social Security and substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), which provides that the action survives notwithstanding any change in the person occupying the office of Commissioner of Social Security.