Hilton v. Commissioner of Social Security

District Court, W.D. North Carolina

Hilton v. Commissioner of Social Security

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION No. 1:21-CV-300-DSC

BROOKE HILTON, ) ) ) Plaintiff, ) ) v. ) ORDER FOR REMAND ) KILOLO KIJAKAZI, ) ) Acting Commissioner of ) Social Security ) ) 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. 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). 1 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 14, 2022

David S. Cayer ia-f United States Magistrate Judge aE

2

Reference

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