Foster v. O'Malley

District Court, E.D. North Carolina

Foster v. O'Malley

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION No. 2:23-cv-00042-D-BM VINCENT L. FOSTER, ) ) Plaintiff, ) ) v. ) ORDER ) KILOLO KIJAKAZI, ) Acting Commissioner of ) Social Security, ) ) Defendant. ) This matter is before the Court on 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). 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 the _ 41 day of November, 2023.

<4 — Davo JAMES C. DEVER III . United States District Judge

Reference

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