Downing v. Commissioner of Social Security

Filing 12

ORDER granting 11 Consent Motion to Remand to Social Security Administration. Signed by Senior Judge Graham Mullen on 3/26/2024. (kab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:23-CV-00314-GCM-SCR
AMANDA LOUANN DOWNING,
Plaintiff,
v.

ORDER

MARTIN O’MALLEY1,
Commissioner of Social Security,
Defendant.

Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing
Defendant’s decision with remand in Social Security actions under sentence four of 42 U.S.C. §
405(g), and in light of Defendant’s motion, with Plaintiff’s consent, to remand this case for further
administrative proceedings, the Court hereby remands this case to Defendant, pursuant to sentence
four of 42 U.S.C. § 405(g), for further administrative proceedings. See Melkonyan v. Sullivan, 501
U.S. 89 (1991); Shalala v. Schaefer, 509 U.S. 292 (1993).

SO ORDERED.

Signed: March 26, 2024

Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant
to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’Malley should be substituted for
Kilolo Kijakazi as the defendant in this suit. No further action need be taken to continue this suit
by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
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