Amos v. Commissioner of Social Security

Filing 20

ORDER that: Deft's 19 Consent Motion for Entry of Judgment with Remand is GRANTED, Commissioner's decision is REVERSED, and this matter is REMANDED pursuant to Sentence Four of 42 U.S.C. § 405(g); Pltf's 15 Motion for Summary Judgment is DENIED AS MOOT; and Clerk of Court is directed to enter a separate judgment of remand, thereby closing the case. Signed by Magistrate Judge W. Carleton Metcalf on 5/6/2022. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:21-cv-00442-WCM
DOUGLAS MICHAEL AMOS,

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Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_______________________________

ORDER

This matter is before the Court on the following:
1. Plaintiff’s Motion for Summary Judgment (Doc. 15); and
2. “Defendant’s Consent Motion for Entry of Judgment with Remand
Under Sentence Four of 42 U.S.C. § 405(g)” (the “Motion to Remand,”
Doc. 19).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
U.S. 292, 299 (1993). Remand for further proceedings is the proper action in

1 The parties have consented for a United States Magistrate Judge to conduct any
and all proceedings in this case, including entering a final judgment. Doc. 13.
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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 asks this court to “enter a judgment reversing
the Commissioner’s final decision and remanding this case to the
Commissioner for further administrative proceedings.” Doc. 19 at 1. Plaintiff’s
counsel consents to a remand for further proceedings. Id. at 2.
IT IS THEREFORE ORDERED THAT:
1. Defendant’s Consent Motion for Entry of Judgment with Remand Under
Sentence Four of 42 U.S.C. § 405(g) (Doc. 19) is GRANTED, the
Commissioner’s decision is REVERSED, and this matter is REMANDED
pursuant to Sentence Four of 42 U.S.C. § 405(g).
2. Plaintiff’s Motion for Summary Judgment (Doc. 15) is DENIED AS
MOOT.
3. The Clerk of Court is respectfully directed to enter a separate judgment
of remand, thereby closing the case.
Signed: May 6, 2022

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