Wells v. Saul

District Court, W.D. North Carolina

Wells v. Saul

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:21-cv-93-MOC-WCM SUMMER WELLS, ) ) Plaintiff, ) ) Vs. ) ORDER ) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. ) THIS MATTER is before the Court on Defendant’s Consent Motion for Remand to the Commissioner for further administrative proceedings, including further fact-finding and holding a new administrative hearing. (Doc. No. 13). 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 v. Sullivan,

501 U.S. 89

(1991). Therefore, Defendant’s Consent Motion for Remand, (Doc. No. 13), is GRANTED. To this extent, Plaintiff's Motion for Summary Judgment, (Doc. No. 11), is DISMISSED as moot.

Signed: January 24, 2022

p-crvrnne< Max O. Cogburn ifs 2) United States District Judge Tote t

Reference

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