Fisher v. Commissioner of Social Security

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION 5:22-cv-00006-RJC ROBERT FISHER, ) ) Plaintiff, ) ) vs. ) ) ORDER ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. ) ____) THIS MATTER is before the court on Plaintiff's Complaint and Defendant’s Consent 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 y. Sullivan, 501 U.S. 89 (1991).

IT IS, THEREFORE, ORDERED that: 1. Defendant’s Consent Motion for Remand, (DE 12), is GRANTED; and 2. Plaintiff's Motion for Summary Judgment, (DE 10), is DENIED as moot; The Clerk is directed to close this case.

Signed: August 8, 2022 Robert J. Conrad, Jr. te, United States District Judge ee