Halbert v. SSA

Filing 33

JUDGMENT: (1) Commissioner's motions to remand pursuant to sentence six of 42:405(g) are DENIED; (2) Commissioner's decisions denying plas disability claims on redetermination are REVERSED; (3) plas requests to reinstate ben efits pending Commissioner's decision on remand are GRANTED consistent with this opinion; (4) Pursuant to sentence four of 42:405(g), these matters are REMANDED to SSA for further proceedings consistent with Sixth Circuit's d ecision in Hicks v. Commissioner of Social Security; (5) These matters are STRICKEN from active docket, to be restored to active docket upon motion by any party for good cause shown; (6) Any pending requests for relief are DENIED AS MOOT; (7) This is a FINAL AND APPEALABLE JUDGMENT and there is NO JUST CAUSE FOR DELAY. Signed by Judge Joseph M. Hood on 7/11/2019. (TDA) cc: COR

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
IN RE VARIOUS SOCIAL SECURITY
CASES AFFECTED BY THE SIXTH
CIRCUIT DECISION IN HICKS V.
BERRYHILL, NO. 17-5206,

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Civil Case Nos.
0:16-cv-062-JMH
5:16-cv-128-JMH
5:16-cv-351-JMH
5:17-cv-169-JMH
6:16-cv-184-JMH
6:16-cv-298-JMH
6:17-cv-006-JMH
7:16-cv-035-JMH
7:16-cv-076-JMH
7:16-cv-096-JMH
7:16-cv-167-JMH
7:16-cv-171-JMH
7:16-cv-181-JMH
7:16-cv-194-JMH
7:16-cv-233-JMH
7:16-cv-245-JMH
7:16-cv-270-JMH
7:16-cv-272-JMH
7:16-cv-286-JMH
7:16-cv-287-JMH
7:16-cv-298-JMH
7:17-cv-016-JMH
7:17-cv-022-JMH
7:17-cv-092-JMH
7:17-cv-107-JMH
7:17-cv-129-JMH
7:17-cv-131-JMH
JUDGMENT

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In accordance with the Court’s Memorandum Opinion and Order
entered contemporaneously herewith, Rule 58 of the Federal Rules
of Civil Procedure, and pursuant to 42 U.S.C. § 405(g), IT IS
ORDERED as follows:

(1) The Commissioner’s motions to remand pursuant to sentence
six of 42 U.S.C. § 405(g) are DENIED;
(2)

The

Commissioner’s

decisions

denying

the

plaintiffs’

disability claims on redetermination are hereby REVERSED;
(3) The plaintiffs’ requests to reinstate benefits pending
the Commissioner’s decision on remand are GRANTED consistent with
this opinion;
(4) Pursuant to sentence four of 42 U.S.C. § 405(g), these
matters are REMANDED to the SSA for further proceedings consistent
with the Sixth Circuit’s decision in Hicks v. Commissioner of
Social Security, 909 F.3d 786 (6th Cir. 2018);
(5) These matters are STRICKEN from the active docket of this
Court, to be restored to the active docket upon motion by any party
for good cause shown;
(6) Any pending requests for relief in these actions are
DENIED AS MOOT;
(7) This is a FINAL AND APPEALABLE JUDGMENT and there is NO
JUST CAUSE FOR DELAY.
This the 11th day of July, 2019.

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