Dalrymple v. Commissioner of Social Security

District Court, W.D. North Carolina

Dalrymple v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:23-cv-95-MOC JAMES DALRYMPLE, ) ) Plaintiff, ) ) v. ) ) ORDER KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. )

THIS MATTER is before the Court on Defendant’s Consent Motion for Remand to the Commissioner for further administrative proceedings. (Doc. No. 10). The Commissioner wishes to conduct further fact-finding. The Court finds good cause has been alleged for remand and that further administrative fact-finding is warranted. Accordingly, the motion is GRANTED. Under sentence four of

42 U.S.C. § 405

(g) 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). Furthermore, the Clerk is respectfully instructed to notice Doc. No. 8 (Plaintiffs Brief) as no longer pending.

Signed: September 26, 2023

fon na i] NOS NI bea , Max O. Cogburn Jr ) United States District Judge Tog it

Reference

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