Furr v. Saul

Filing 14

ORDER OF REMAND granting Deft's 13 Consent Motion to Remand; reversing the decision of the Commissioner of Social Security, and remanding this case for further administrative proceedings, consistent with this Order; and Clerk of Court shall enter a separate Judgment of Remand thereby closing the case. Signed by Chief Judge Martin Reidinger on 11/18/2021. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL CASE NO. 5:20-cv-00201-MR

MARK FURR,

)
)
Plaintiff,
)
)
vs.
)
)
KILOLO KIJAKAZI, Acting
)
Commissioner of Social Security,
)
)
Defendant.
)
_______________________________ )

ORDER OF REMAND

THIS MATTER is before the Court on the Defendant’s Consent Motion
for Remand. [Doc. 13].
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.
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).

Case 5:20-cv-00201-MR Document 14 Filed 11/18/21 Page 1 of 2

IT IS, THEREFORE, ORDERED that the Defendant’s Consent Motion
for Remand [Doc. 13] 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: November 18, 2021

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Case 5:20-cv-00201-MR Document 14 Filed 11/18/21 Page 2 of 2