Manning v. Commissioner of Social Security
Manning v. Commissioner of Social Security
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION Civ. No. 4:21-cv-00119-RJ ZELDA DEE MANNING, ) ) Plaintiff, ) ) v. ORDER KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. ) This matter is before the Court on Plaintiff's Motion for Judgment on the Pleadings and Defendant’s Motion for Remand to the Commissioner. [DE-22, -24]. Plaintiff consents to a remand and requests Plaintiff be offered the opportunity for a new hearing. [DE-26]. For good cause shown, 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, to include offering Plaintiff the opportunity for a new hearing. See Shalala v. Schaefer,
509 U.S. 292(1993); Melkonyan v. Sullivan,
501 U.S. 89(1991). The Clerk of the Court is directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED this _/ day of August, 2022. Sei B. TONES United States Magistrate Judge
Reference
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