Allen v. Saul
ORDER that the 18 Consent Motion for Reversal and Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) is GRANTED; the Commissioner's decision is REVERSED, and this matter is REMANDED for a new hearing pursuant to Sentence Four of 42 U.S.C. § 405(g); and Plaintiff's 15 Motion for Summary Judgment is DENIED AS MOOT. Signed by Magistrate Judge W. Carleton Metcalf on 6/7/2021. (khm)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
Acting Commissioner of the Social
This matter is before the Court on the following:
1. Plaintiff’s Motion for Summary Judgment (Doc. 15); and
2. The Commissioner’s “Consent Motion for Reversal and Remand
Pursuant to Sentence Four of 42 U.S.C. § 405(g)” (the “Motion to
Remand,” Doc. 18).1
Under Sentence Four of 42 U.S.C. § 405(g), the Court has the authority
“to enter, upon the pleadings and transcript of the record, a judgment
affirming, modifying, or reversing the decision of the Commissioner, with or
without remanding the cause for a rehearing.” See Shalala v. Schaefer, 509
1 Pursuant to the parties’ consent, this matter has been referred to the undersigned
for any and all proceedings in this case, including entry of a final judgment. Docs. 13
U.S. 292, 299, 113 S.Ct. 2625, 2630-31, 125 L.Ed.2d 239 (1993). Remand for
further proceedings is the proper action in any case that requires further fact
finding. See Meyer v. Astrue, 662 F.3d 700, 707 (4th Cir. 2011) (“Assessing the
probative value of competing evidence is quintessentially the role of the fact
finder. We cannot undertake it in the first instance. Therefore, we must
remand the case for further fact finding”).
Here, the Commissioner represents that Plaintiff’s counsel consents to
remand of this matter for further administrative proceedings. Doc. 18 at 1.
The undersigned will grant the Commissioner’s Motion to Remand. By
granting remand pursuant to sentence four of 42 U.S.C. § 405(g), the
undersigned does not forecast a decision on the merits of Plaintiff’s application
for disability benefits.
See Patterson v. Commissioner of Social Security
Admin., 846 F.3d 656, 663 (4th Cir. 2017). “Under § 405(g), ‘each final decision
of the Secretary [is] reviewable by a separate piece of litigation,’ and a
sentence-four remand order ‘terminate[s] the civil action’ seeking judicial
review of the Secretary’s final decision.” Shalala v. Schaefer, 509 U.S. at 299
(quoting Sullivan v. Finkelstein, 496 U.S. 617, 629, 110 S.Ct. 2658, 2666, 110
L.Ed.2d 563 (1990)).
IT IS THEREFORE ORDERED THAT:
1. The Consent Motion for Reversal and Remand Pursuant to Sentence
Four of 42 U.S.C. § 405(g) (Doc. 18) is GRANTED, the Commissioner’s
decision is REVERSED, and this matter is REMANDED for a new
hearing pursuant to Sentence Four of 42 U.S.C. § 405(g); and
2. The Plaintiff’s Motion for Summary Judgment (Doc. 15) is DENIED AS
Signed: June 7, 2021
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