Guilkey v. Commissioner of Social Security

Filing 14

ORDER terminating as moot 11 Plaintiff's Motion for Summary Judgment; granting 13 Defendant's Motion to Remand to Social Security Administration. Signed by District Judge Max O. Cogburn, Jr on 5/6/2022. (ams)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1-21-cv-252-MOC
CHRISTOPHER GUILKEY,
Plaintiff,
v.

KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

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ORDER

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 cause for further administrative proceedings. (Doc. No. 13).
Plaintiff’s counsel has indicated that he does not oppose the Defendant’s Motion for Remand.
Pursuant to the power of this Court to enter a judgment reversing the Commissioner’s
decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405 (g), this
Court hereby REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. §
405(g) with a remand of the cause to the Commissioner for further proceedings. See Melkonyan
v. Sullivan, 501 U.S. 89 (1991).
IT IS THEREORE ORDERED that:
(1) Defendant’s Motion for Remand, (Doc. No. 13), is GRANTED.
(2) Plaintiff’s Motion for Summary Judgment, (Doc. No. 11), is TERMINATED as
moot.
Signed: May 6, 2022

Case 1:21-cv-00252-MOC Document 14 Filed 05/06/22 Page 1 of 1