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Parker v. O'Malley

United States District Court, W.D. North Carolina, Asheville Division
Feb 9, 2024
CIVIL 1:23-CV-291-GCM (W.D.N.C. Feb. 9, 2024)

Opinion

CIVIL 1:23-CV-291-GCM

02-09-2024

DENISE PARKER, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social Security, Defendant.


ORDER

GRAHAM C. MULLEN, UNITED STATES DISTRICT JUDGE

Defendant has moved this Court, pursuant to sentence four of 42 U.S.C. § 405(g), to enter a judgment reversing the decision in this case with a remand of the case for further administrative proceedings. Plaintiff's attorney does not oppose Defendant's motion for remand.

Pursuant to the power of this Court to enter a judgment reversing the Commissioner's decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), this Court hereby REVERSES the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) with a remand of the case to the Commissioner for further administrative proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991). On remand, the case will be remanded to an administrative law judge who will offer the claimant an opportunity for a new hearing and issue a new decision.

SO ORDERED.


Summaries of

Parker v. O'Malley

United States District Court, W.D. North Carolina, Asheville Division
Feb 9, 2024
CIVIL 1:23-CV-291-GCM (W.D.N.C. Feb. 9, 2024)
Case details for

Parker v. O'Malley

Case Details

Full title:DENISE PARKER, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social…

Court:United States District Court, W.D. North Carolina, Asheville Division

Date published: Feb 9, 2024

Citations

CIVIL 1:23-CV-291-GCM (W.D.N.C. Feb. 9, 2024)