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In re Various Social Security Cases Affected by Sixth Circuit Decision in Hicks

United States District Court, E.D. Kentucky

July 12, 2019

IN RE Various Social Security Cases Affected by the Sixth Circuit Decision in Hicks Comm'r of Soc. Sec. Clinton Ryan Mullins
v.
Comm'r of Soc. Sec. Danny Lenn Reed
v.
Comm'r of Soc. Sec. Robert L. Muncy, II
v.
Comm'r of Soc. Sec. Carolyn Lynn Bates
v.
Comm'r of Soc. Sec. Brenda Stewart
v.
Comm'r of Soc. Sec. Janie Shepherd
v.
Comm'r of Soc. Sec. Naomi Samons
v.
Comm'r of Soc. Sec. Argle Kendrick
v.
Comm'r of Soc. Sec. Matthew Slone
v.
Comm'r of Soc. Sec. Kathy Ramey
v.
Comm'r of Soc. Sec. Lenny Newsome
v.
Comm'r of Soc. Sec. Timothy Brashears
v.
Comm'r of Soc. Sec. Kathleen Campbell Curtis
v.
Comm'r of Soc. Sec. Deborah Burke
v.
Comm'r of Soc. Sec. Melissa C. Stiltner
v.
Comm'r of Soc. Sec. Ricky bolt
v.
Comm'r of Soc. Sec. Mary Sexton
v.
Comm'r of Soc. Sec. Amy Jayne Charles
v.
Comm'r of Soc. Sec. Eddie Reed
v.
Comm'r of Soc. Sec. Emmitt Burton
v.
Comm'r of Soc. Sec. Chessie Gray
v.
Comm'r of Soc. Sec. Chad Shepherd
v.
Comm'r of Soc. Sec. Margaret C. Copley
v.
Comm'r of Soc. Sec. Joann Holbrook
v.
Comm'r of Soc. Sec. Ranie Jo Coleman
v.
Comm'r of Soc. Sec. Martin Lee Gillespie
v.
Comm'r of Soc. Sec. Betty Robinson
v.
Comm'r of Soc. Sec. Tracy Ann Hannah
v.
Comm'r of Soc. Sec.

          JUDGMENT

          David L. Bunning, United States District Judge.

         In accordance with the Court's Memorandum Opinion and Order entered contemporaneously herewith, Rule 58 of the Federal Rules of Civil Procedure, and pursuant to 42 U.S.C. § 405(g), IT IS ORDERED as follows:

         (1) The Commissioner's Motions to Remand pursuant to sentence six of 42 U.S.C. § 405(g) are DENIED;

         (2) The Commissioner's decisions denying Plaintiffs' disability claims on redetermination are hereby REVERSED;

         (3) Pursuant to sentence four of 42 U.S.C. § 405(g), these matters are REMANDED to the SSA for further proceedings consistent with the Sixth Circuit's decision in Hicks v. Commissioner of Social Security, 909 F.3d 786 (6th Cir. 2018);

         (4) These matters are STRICKEN from the active docket of this Court, to be restored to the active docket upon motion by any party for good cause shown;

         (5) This is a FINAL AND APPEALABLE JUDGMENT and there is NO JUST CAUSE FOR DELAY.

---------

Notes:

[1] Andrew Saul was sworn in as Commissioner of Social Security on July 17, 2019, during the pendency of these actions. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Commissioner Saul ...


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