Barnett v. Saul
Barnett v. Saul
Trial Court Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION DOCKET NO. 5:19-cv-00123-FDW JAY CLIFTON BARNETT, ) ) Plaintiff, ) ) Vs. ) ) ORDER ANDREW M. SAUL, Commissioner of) Social Security, ) ) Defendant. ) ) □□□ THIS MATTER is before the Court on Plaintiff's Motion for Summary Judgment (Doc. No. 11) and Defendant’s Motion to Remand (Doc. No. 13) for further administrative proceedings. Plaintiff's counsel consents to the Government’s Motion for Remand. Accordingly, the Commissioner’s decision is REVERSED and this matter is REMANDED for a new hearing. Plaintiffs Motion for Summary Judgment (Doc. No. 11) is DENIED as moot. 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 administrative proceedings. 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. IT IS SO ORDERED. Signed: March 27, 2020
Frank D. Whitney é MR: ALT Tenttend OCendnn TY ote nt Te den Ot eS
Reference
- Status
- Unknown