Cherry v. Berryhill, 2:17-CV-00028-D. (2017)
Court: District Court, E.D. North Carolina
Number: infdco20171128b13
Visitors: 28
Filed: Nov. 22, 2017
Latest Update: Nov. 22, 2017
Summary: ORDER TO REMAND JAMES C. DEVER, III , Chief District Judge . This matter is before the court on Plaintiff's Complaint and Defendant's Motion for Remand to the Commissioner for further administrative proceedings. The Commissioner wishes to conduct further fact finding, including holding a new hearing. Plaintiff's counsel consents to the Government's Motion for Remand. The Court finds good cause has been alleged for remand. Accordingly, the Court hereby reverses the Commissioner's decision u
Summary: ORDER TO REMAND JAMES C. DEVER, III , Chief District Judge . This matter is before the court on Plaintiff's Complaint and Defendant's Motion for Remand to the Commissioner for further administrative proceedings. The Commissioner wishes to conduct further fact finding, including holding a new hearing. Plaintiff's counsel consents to the Government's Motion for Remand. The Court finds good cause has been alleged for remand. Accordingly, the Court hereby reverses the Commissioner's decision un..
More
ORDER TO REMAND
JAMES C. DEVER, III, Chief District Judge.
This matter is before the court on Plaintiff's Complaint and Defendant's Motion for Remand to the Commissioner for further administrative proceedings. The Commissioner wishes to conduct further fact finding, including holding a new hearing. Plaintiff's counsel consents to the Government's Motion for Remand.
The Court finds good cause has been alleged for remand. Accordingly, the Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) and remands the case to the Commissioner for further proceedings, including a new hearing. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991).
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
