Campbell v. Saul

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION DOCKET NO. 5:19-cv-00145-FDW ADRIAN E. CAMPBELL, ) ) Plaintiff, ) ) VS. ) ) ORDER ANDREW SAUL, ) Commissioner of Social Security ) ) Defendant. ) ) THIS MATTER is before the Court on Plaintiff's Motion for Summary Judgment (Doc.

No. 13) and Defendant’s Motion for Remand (Doc. No. 15) for further administrative proceedings.

PlaintifPs counsel consents to the Government’s Motion for Remand. Therefore, the Commissioner’s decision is REVERSED and this matter is REMANDED for further administrative proceedings, including a new hearing. Plaintiff's Motion for Summary Judgment (Doc. No. 13) 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.

SO ORDERED.

Signed: April 16, 2020