Dancy v. Kijakazi

District Court, E.D. North Carolina

Dancy v. Kijakazi

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Civ. No. 5:22-cv-00418-BO-BM ERNEST DANCY, ) ) Plaintiff, ) ) v: ORDER KILOLO KIJAKAZI, ) Commissioner of Social Security, ) ) Defendant. )

This matter is before the Court based on Plaintiffs Memorandum in Support of Motion for Judgment on the Pleadings and Defendant’s Motion for Remand to the Commissioner. Plaintiff, through counsel, does not 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 proceedings. 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 Taay of March, 2023.

TERRENCE W. BOYLE are UNITED STATES DISTRICT JUDGE

Reference

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