Wylie v. Commissioner of Social Security

Filing 12

ORDER terminating as moot 9 Plaintiff's Motion for Judgment on the Pleadings; granting 11 Defendant's Consent 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
CHARLOTTE DIVISION
3:21-cv-554-MOC
MICHAEL WYLIE
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of
Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

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 case for further administrative proceedings. Plaintiff, through
counsel, consents to Defendant’s Motion for Remand to the Acting Commissioner.
The motion is GRANTED. Pursuant to the power of this Court to enter a judgment
reversing the Acting Commissioner’s decision with remand in Social Security actions under
sentence four of 42 U.S.C. § 405(g), this Court hereby REVERSES the Acting Commissioner’s
decision under sentence four of 42 U.S.C. § 405(g) with a remand of the case to the Acting
Commissioner for further administrative proceedings. See Shalala v. Schaefer, 509 U.S. 292
(1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991).
IT IS THEREFORE ORDERED that:
(1) Defendant’s Consent Motion to Remand, (Doc. No. 11) is GRANTED.
(2) Plaintiff’s Motion for Summary Judgement, (Doc. No. 9), is TERMINATED as
MOOT.

Case 3:21-cv-00554-MOC Document 12 Filed 05/06/22 Page 1 of 2

Signed: May 6, 2022

Case 3:21-cv-00554-MOC Document 12 Filed 05/06/22 Page 2 of 2