Tranter v. Commissioner of Social Security

District Court, W.D. North Carolina

Tranter v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:23-cv-146-MOC DEIDRE L. TRANTER, ) ) Plaintiff, ) ) ) v. ) ORDER ) KILOJO KIJAKAZI, ) Commissioner of Social Security, ) ) Defendant. )

THIS MATTER is before the Court on Defendant’s Motion for Remand to the Commissioner for further administrative proceedings before a different administrative law judge (ALJ). (Doc. No. 12). The Commissioner wishes to conduct further fact finding. Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing Defendant’s decision with remand in Social Security actions under sentence four of

42 U.S.C. § 405

(g), and in light of Defendant’s motion (Doc. No. 10), with Plaintiff's consent, to remand this case for further administrative proceedings, the Court hereby remands this case to Defendant, pursuant to sentence four of

42 U.S.C. § 405

(g), for further administrative proceedings, including the opportunity for a new hearing. See Melkonyan v. Sullivan,

501 U.S. 89

(1991); Shalala v. Schaefer,

509 U.S. 292

(1993). Furthermore, Plaintiff's brief, showing as a pending motion in Doc. No. 10, shall be terminated as MOOT.

November 20, 289 ORDERED.

fon mn TORE be Max O. Cogburn iC

Reference

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