Schemel v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION No. 1:24-cv-00023-GCM

TOMMY SCHEMEL, ) ) ) ) Plaintiff, ) ) v. ) ORDER FOR REMAND ) MARTIN O’MALLEY, ) ) ) ) Commissioner of ) Social Security ) ) Defendant. ) ) ______________________________) This matter is before the court on Plaintiff’s Complaint and Defendant’s Motion for Remand to the Commissioner for further administrative proceedings, including a new hearing.

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 Court hereby 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).

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

SO ORDERED.

Signed: August 1, 2024 Lbal tbh Graham C. Mullen if.

United States District Judge ee