Plyler v. Commissioner of Social Security ( 2022 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION 5:21-cv-144-MOC RICHARD PLYLER ) ) Plaintiff, ) ) v. ) ) KILOLO KIJAKAZI, ) Acting Commissioner of ) Social Security, ) ) Defendant. ) Defendant, Kilolo Kijakazi, Acting Commissioner of Social Security, has moved this Court, pursuant to sentence four of 42 U.S.C. § 405(g), to enter a judgment reversing her decision with a remand of the case for further administrative proceedings. Plaintiff, through counsel, consents to Defendant’s Motion for Remand to the Acting Commissioner. The motion is GRANTED. Pursuant to the power of this Court to enter a judgment reversing the Acting Commissioner’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), this Court hereby REVERSES the Acting Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) with a remand of the case to the Acting Commissioner for further administrative proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). IT IS THEREFORE ORDERED that: (1) Defendant’s Consent Motion to Remand, (Doc. No. 13) is GRANTED. (2) Plaintiff’s Motion for Summary Judgment, (Doc. No. 11), is TERMINATED as MOOT. Signed: June 21, 2022 fama □□ fort yA Lew fi ra □□ i Ss». Max O. Cogburn J United States District Judge Foal gle ot