Bowling v. Commissioner of Social Security

Filing 12

ORDER OF REMAND that Deft's 11 Consent Motion for Remand is GRANTED; the decision of the Commissioner of Social Security is hereby REVERSED, pursuant to sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g); and this case is hereby REMANDED for further administrative proceedings, consistent with this Order. Signed by Chief Judge Martin Reidinger on 8/28/2024. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:24-cv-00001-MR
MELYNDA BOWLING,

)
)
Plaintiff,
)
)
vs.
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)
MARTIN O’MALLEY,
)
Commissioner of Social Security,
)
)
Defendant.
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_______________________________ )

ORDER OF REMAND

THIS MATTER is before the Court on the Defendant’s Consent Motion
for Remand. [Doc. 11].
Sentence four of 42 U.S.C. § 405(g) provides, in pertinent part, that
“[t]he court shall have power to enter, upon the pleadings and transcript of
the record, a judgment affirming, modifying, or reversing the decision of the
Commissioner of Social Security, with or without remanding the cause for a
rehearing.” The Defendant here has moved for reversal of the decision
below and for a remand of this case for further administrative proceedings.
[Doc. 11]. The Plaintiff consents to the Defendant’s Motion. [Id.]. For the
reasons stated in the Defendant’s motion, and in light of the Plaintiff’s

consent, the Court finds that remand is appropriate. See Melkonyan v.
Sullivan, 501 U.S. 89 (1991).
IT IS, THEREFORE, ORDERED that the Defendant’s Consent Motion
for Remand [Doc. 11] is GRANTED.
IT IS FURTHER ORDERED that, pursuant to sentence four of section
205(g) of the Social Security Act, 42 U.S.C. § 405(g), the decision of the
Commissioner of Social Security is hereby REVERSED, and this case is
hereby REMANDED for further administrative proceedings, consistent with
this Order.
The Clerk of Court shall enter a separate Judgment of Remand
simultaneously herewith, thereby closing the case.
IT IS SO ORDERED.
Signed: August 28, 2024

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