District Court, W.D. North Carolina, 2023

Joplin v. Commissioner of Social Security

Joplin v. Commissioner of Social Security
District Court, W.D. North Carolina · Decided May 16, 2023
Joplin v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO. 3:22-CV-00614-FDW JAMIE JOPLIN, ) Plaintiff, v. ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security ) Defendant.

THIS MATTER is before the Court on Plaintiffs Complaint, (Doc. No. 1), and Defendant’s Consent Motion to Remand to Social Security Administration for further administrative proceedings, (Doc. No. 12). The Commissioner wishes to conduct further fact finding, including a new administrative hearing. Plaintiff consents to Defendant’s Motion. For the reasons stated therein, the Court finds good cause has been alleged for remand and that further administrative fact-finding is warranted.

IT IS THEREFORE ORDERED that Defendant’s Motion to Remand to Social Security Administration, (Doc. No. 12), is GRANTED.

Accordingly, pursuant to sentence four of 42 U.S.C.§ 405(g), the Court hereby REMANDS this case to the Commissioner for further administrative proceedings, including a new hearing. See Shalala v. Shaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991).

The Clerk of Court is DIRECTED to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.

IT IS SO ORDERED.

May 16, 2023

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