Higgins v. Commissioner of Social Security

Filing 12

ORDER denying as moot 9 Motion for Summary Judgment; granting 11 Motion to Remand to Social Security Administration. The Court hereby reverses Defendants decision under sentence four of 42 U.S.C. § 405(g) and remands the case for further administrative action. Signed by District Judge Frank D. Whitney on 5/9/2022. (ef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:21-cv-00597-FDW
JENNIFER HIGGINS,

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Plaintiff,
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vs.
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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 Commissioner’s Motion to Remand, (Doc. No.
11). For the reasons stated in the motion, to which Higgins consents, the Court finds good cause
has been alleged for remand and further administrative fact-finding is warranted.
IT IS THEREFORE ORDERED that the Motion to Remand (Doc. No. 11) is GRANTED.
IT IS FURTHER ORDERED that pursuant to the power of this Court to enter a judgment
affirming, modifying, or reversing the Commissioner’s decision with remand in Social Security
actions under sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), and
upon consideration of the Commissioner’s unopposed request to remand this cause for further
administrative action, the Court hereby reverses Defendant’s decision under sentence four of 42
U.S.C. § 405(g) and remands the case for further administrative action. See Shalala v. Schaefer,
509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991).
IT IS FURTHER ORDERED that all other pending motions shall be denied as moot, and
the Clerk is respectfully directed to CLOSE THE CASE.
IT IS SO ORDERED.

Signed: May 9, 2022

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Case 3:21-cv-00597-FDW Document 12 Filed 05/09/22 Page 1 of 1