Robinson v. Berryhill ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL ACTION NO. 1:19-CV-00098 SAUWANA ROBINSON, Plaintiff, v. ORDER ANDREW SAUL‘, Commissioner of Social Security, Defendant. THIS MATTER IS BEFORE THE COURT on Plaintiff's Motion for Judgment on the Pleadings and Defendant’s Motion for Remand to the Commissioner. Plaintiff, through counsel, consents to Defendant's Motion for Remand to the Commissioner. For good cause shown, the Court hereby reverses the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) and § 1383(c)(3) and remands the case to the Commissioner for further proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan vy. Sullivan, 501 U.S. 89 (1991). The Clerk of the Court is directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED. Signed: October 1, 2019 | Ae) [ie Ka 7 LD. a Kenneth D. Bell Vy, United States District Judge i f Andrew Saul is now the Commissioner of »vcirat QOLULILY QUU 1d AULULUALILALLy SUUSULULEU ad a pally pursuant to Fed, R. Civ. P. 25(d). See also section 205(g) of the Social Security Act, 42 USC 405(g)(action survives regardless of any change in the person occupying the office of Commissioner of Social Security).