Gerry v. Kijakazi
Gerry v. Kijakazi
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION □□ No. 7:22-cv-00112-D-RJ . DUSTIN E. GERRY, ) ) . Plaintiff, - ) v. ) KTLOLO KIJAKAZI, ) ORDER Acting Commissioner of ) Social Security, ) ) Defendant. ) 7 ‘ This matter is before the Court on Plaintiffs Motion for Judgment on the Pleadings and Defendant’s Motion for Remand to the Commissioner. Plaintiff, through counsel, consents to Defendant’s Motion for Remand to the Commissioner. 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 administrative proceedings. See Shalala v. Schaefer,
509 U.S. 292(1993); Melkonyan v. Sullivan,
501 U.S. 89(1991). Upon remand, the Appeals Council will refer Plaintiffs case to an Administrative Law Judge (“ALJ”), who will further evaluate Plaintiffs claim, take any further action to complete the
administrative record, and issue a new decision. □
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 4 day of March, 2023.
J S C. DEVER III United States District Judge
Reference
- Status
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