Rivera v. Commissioner of Social Security

District Court, W.D. North Carolina

Rivera v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CASE NO. 1:23-CV-00010-FDW ARLENE RIVERA, ) Plaintiff, V. ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security, ) Defendant.

THIS MATTER is before the Court on Plaintiff's Complaint, (Doc. No. 1), and Defendant’s Motion to Remand to the Commissioner for further administrative hearings, including a new hearing, (Doc. No. 10). The Commissioner wishes to conduct further fact finding, and Plaintiff consents to Defendant’s Motion. (Id. at 2). The Court finds good cause has been alleged for remand and that further administrative fact-finding is warranted. As such, Defendant’s Motion to Remand, (Doc. No. 10), is GRANTED. Accordingly, under sentence four of

42 U.S.C. § 405

(g), the Court hereby REMANDS this 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 Court is DIRECTED to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil procedure. IT IS SO ORDERED.

June 15, 2023

Frank D. Whitney United States District Judge a tae

Reference

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