District Court, W.D. North Carolina, 2021

Bradshaw v. Saul

Bradshaw v. Saul
District Court, W.D. North Carolina · Decided July 29, 2021
Bradshaw v. Saul

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL ACTION NO. 1:20-CV-00262-GCM-DCK LAUREN BRADSHAW, Plaintiff, v. ORDER KILOLO KIJAKAZI, Defendant.

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 administrative hearing, and Plaintiff's counsel consents to the Government’s Motion for Remand.

The Court finds good cause has been alleged for remand and that further administrative fact-finding is warranted. 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 y. 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: July 29, 2021 Lab Leah Graham C. Mullen ee United States District Judge mt

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