Robinson v. SSA

Filing 17

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) Pursuant to sentence four of 42: 405(g), these matters are REMANDED to SSA for further proceedings consistent with Sixth Circuit's decision in Hicks v. Commissioner of Social Security; (4) These matters are STRICKEN from active docket, to be restored to active docket upon motion by any party for good cause shown; (5) This is FINAL AND APPEALABLE JUDGMENT and there is NO JUST CAUSE FOR DELAY. Signed by Judge David L. Bunning on 7/12/2019. (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. Comm’r of Soc. Sec.1, No. 17-5206
5:16-cv-130
5:16-cv-375
6:16-cv-62
7:16-cv-73
7:16-cv-77
7:16-cv-90
7:16-cv-91
7:16-cv-97
7:16-cv-104
7:16-cv-140
7:16-cv-149
7:16-cv-158
7:16-cv-163
7:16-cv-183
7:16-cv-185
7:16-cv-209
7:16-cv-212
7:16-cv-229
7:16-cv-248
7:16-cv-290
5:17-cv-262
7:17-cv-5
7:17-cv-116
7:17-cv-130
7:17-cv-158
7:18-cv-33
7:18-cv-47
7:18-cv-122

Clinton Ryan Mullins v. Comm’r of Soc. Sec.
Danny Lenn Reed v. Comm’r of Soc. Sec.
Robert L. Muncy, II v. Comm’r of Soc. Sec.
Carolyn Lynn Bates v. Comm’r of Soc. Sec.
Brenda Stewart v. Comm’r of Soc. Sec.
Janie Shepherd v. Comm’r of Soc. Sec.
Naomi Samons v. Comm’r of Soc. Sec.
Argle Kendrick v. Comm’r of Soc. Sec.
Matthew Slone v. Comm’r of Soc. Sec.
Kathy Ramey v. Comm’r of Soc. Sec.
Lenny Newsome v. Comm’r of Soc. Sec.
Timothy Brashears v. Comm’r of Soc. Sec.
Kathleen Campbell Curtis v. Comm’r of Soc. Sec.
Deborah Burke v. Comm’r of Soc. Sec.
Melissa C. Stiltner v. Comm’r of Soc. Sec.
Ricky Casebolt v. Comm’r of Soc. Sec.
Mary Sexton v. Comm’r of Soc. Sec.
Amy Jayne Charles v. Comm’r of Soc. Sec.
Eddie Reed v. Comm’r of Soc. Sec.
Emmitt Burton v. Comm’r of Soc. Sec.
Chessie Gray v. Comm’r of Soc. Sec.
Chad Shepherd v. Comm’r of Soc. Sec.
Margaret C. Copley v. Comm’r of Soc. Sec.
Joann Holbrook v. Comm’r of Soc. Sec.
Ranie Jo Coleman v. Comm’r of Soc. Sec.
Martin Lee Gillespie v. Comm’r of Soc. Sec.
Betty Robinson v. Comm’r of Soc. Sec.
Tracy Ann Hannah v. Comm’r of Soc. Sec.
JUDGMENT

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In accordance with the Court’s Memorandum Opinion and Order entered

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Andrew Saul was sworn in as Commissioner of Social Security on July 17, 2019, during the
pendency of these actions. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Commissioner
Saul is automatically substituted as a party.
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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 Plaintiffs’ disability claims on

redetermination are hereby REVERSED;
(3)

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);
(4)

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;
(5)

This is a FINAL AND APPEALABLE JUDGMENT and there is NO JUST

CAUSE FOR DELAY.
This 12th day of July, 2019.

M:\DATA\SocialSecurity\Omnibus Judgment Lifting Stay and Remanding to SSA .docx

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