LOWERY v. COLVIN, 5:13-CV-270-FL. (2013)
Court: District Court, E.D. North Carolina
Number: infdco20130912a22
Visitors: 5
Filed: Sep. 11, 2013
Latest Update: Sep. 11, 2013
Summary: ORDER LOUISE W. FLANAGAN, District Judge. This matter is before the court on Plaintiff's Motion for Judgment on the Pleadings and Defendant's Motion for Remand to the Commissioner. Plaintiff's counsel has indicated that he consents to the Government's Motion for Remand. Accordingly, for good cause shown, the Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. 405(g) and 1383(c)(3) and remands the case to the Commissioner for further proceedings. See Shalala
Summary: ORDER LOUISE W. FLANAGAN, District Judge. This matter is before the court on Plaintiff's Motion for Judgment on the Pleadings and Defendant's Motion for Remand to the Commissioner. Plaintiff's counsel has indicated that he consents to the Government's Motion for Remand. Accordingly, for good cause shown, the Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. 405(g) and 1383(c)(3) and remands the case to the Commissioner for further proceedings. See Shalala ..
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ORDER
LOUISE W. FLANAGAN, District Judge.
This matter is before the court on Plaintiff's Motion for Judgment on the Pleadings and Defendant's Motion for Remand to the Commissioner. Plaintiff's counsel has indicated that he consents to the Government's Motion for Remand.
Accordingly, for good cause shown, the Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) and § 1383(c)(3) and remands the case to the Commissioner for further proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991).
Upon remand, Plaintiff shall be allowed further administrative proceedings before an administrative law judge. The Clerk of Court is directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
SO ORDERED.
Source: Leagle
