Nelson v. Commissioner of Social Security

Filing 18

ORDER Accepting 17 Memorandum and Recommendations, granting 11 Motion for Judgment on the Pleadings. The decision of the Commissioner is REVERSED, and this case is hereby REMANDED to the Commissioner for further administrative action consistent with this Order. Signed by Chief Judge Martin Reidinger on 3/4/2025. (hms)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:24-cv-00080-MR-SCR

CHAD NELSON,

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Plaintiff,
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vs.
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LELAND DUDEK, Acting
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Commissioner of Social Security,
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Defendant.
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________________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion for
Summary Judgment on the Pleadings with Brief in Support of Remanding
the Case to the Commissioner [Doc. 11]; the Commissioner’s Brief [Doc.
15]; and the Magistrate Judge’s Memorandum and Recommendation [Doc.
17] regarding the disposition of those motions.
Pursuant to 28 U.S.C. § 636(b) and a specific Order of referral of the
District Court, the Honorable Susan C. Rodriguez, United States Magistrate
Judge, was designated to consider the pending motions in the abovecaptioned action and to submit to this Court a recommendation for the
disposition of these motions.

On January 21, 2025, the Magistrate Judge filed a Memorandum and
Recommendation [Doc. 17] in this case containing proposed findings of fact
and conclusions of law in support of a recommendation regarding the
disposition of this matter. The parties were advised that any objections to
the Magistrate Judge's Memorandum and Recommendation were to be
filed in writing within fourteen (14) days of service. The period within which
to file objections has expired, and no written objections to the
Memorandum and Recommendation have been filed.
After a careful review of the Magistrate Judge's Memorandum and
Recommendation [Doc. 17], the Court finds that the proposed findings of
fact are correct and that the proposed conclusions of law are consistent
with current case law.

Accordingly, the Court hereby accepts the

Magistrate Judge's recommendation that the Plaintiff’s Motion for Summary
Judgment should be granted and this case should be remanded for further
proceedings.
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 15] is ACCEPTED, and the Plaintiff’s Motion for
Summary Judgment on the Pleadings with Brief in Support of Remanding
the Case to the Commissioner [Doc. 11] is GRANTED.

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IT IS FURTHER ORDERED that, pursuant to the power of this Court
to enter a judgment affirming, modifying or reversing the decision of the
Commissioner under Sentence Four of 42 U.S.C. § 405(g), the decision of
the Commissioner is REVERSED, and this case is hereby REMANDED to
the Commissioner for further administrative action consistent with this
Order.
A judgment shall be entered simultaneously herewith.
IT IS SO ORDERED.
Signed: March 4, 2025

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