Coleman v. SSA, No. 7:2017cv00158 - Document 25 (E.D. Ky. 2019)

Court Description: MEMORANDUM OPINION & ORDER: (1) The Courts prior stay in these cases is hereby LIFTED; (2) Commissioners Motions to Remand pursuant to sentence six of 42 U.S.C. § 405(g) are DENIED; (3) The Commissioners decisions denying the Plafs disability claims on redetermination are REVERSED; (4) Plafs requests to reinstate benefits pending the Commissioners decision on remand are GRANTED consistent with this opinion; (5) Purs to sentence four of 42 U.S.C. § 405(g), these matters are REMANDED to the SSA for further proceedings consistent with the Sixth Circuits decision in Hicks v. Commissioner of Social Security,; (6) These matters are STRICKEN from the Courts active docket; (7) Any p ending motions or other requests for relief in these matters are DENIED AS MOOT; (8) This is a FINAL AND APPEALABLE ORDER and there is NO JUST CAUSE FOR DELAY; and (9) A separate judgment will be entered on this date. Signed by Judge David L. Bunning on 7/12/19.(MJY)cc: COR

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Coleman v. SSA Doc. 25 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY IN RE: Various Social Security Cases Affected by the Sixth Circuit Decision in Hicks v. Comm’r of Soc. Sec.1, No. 17-5206 5:16-cv-130 5:16-cv-375 6:16-cv-62 7:16-cv-73 7:16-cv-77 7:16-cv-90 7:16-cv-91 7:16-cv-97 7:16-cv-104 7:16-cv-140 7:16-cv-149 7:16-cv-158 7:16-cv-163 7:16-cv-183 7:16-cv-185 7:16-cv-209 7:16-cv-212 7:16-cv-229 7:16-cv-248 7:16-cv-290 5:17-cv-262 7:17-cv-5 7:17-cv-116 7:17-cv-130 7:17-cv-158 7:18-cv-33 7:18-cv-47 7:18-cv-122 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 Casebolt 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 ******** In accordance with the Court’s Memorandum Opinion and Order entered 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 is automatically substituted as a party. 1 1 Dockets.Justia.com 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. This 12th day of July, 2019. M:\DATA\SocialSecurity\Omnibus Judgment Lifting Stay and Remanding to SSA .docx 2

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