Jenkins v. Colvin

Filing 20

ORDER GRANTING: 19 Motion to Remand. The Court hereby remands this case to the Commissioner under sentence six of 42 U.S.C. § 405(g) for further proceedings. Signed by Chief Judge James C. Dever III on 7/9/2015. (O'Brien, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
Civ. No. 4:14-cv-214-D
NIKKIA D. JENKINS,

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Plaintiff,

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v.

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CAROLYNW. COLVIN,
Acting Commissioner of Social Security,
Defendant.

REMAND ORDER

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This matter is before the Court on Plaintiffs appeal from the Commissioner's final
decision that she is not disabled. The Commissioner has filed her answer to the Plaintiffs
complaint, and Plaintiff has filed her Motion for Judgment on the Pleadings. The Commissioner
filed a Motion for Remand under sentence six of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g), for the Commissioner to incorporate into the record and evaluate new and
material evidence.
Accordingly, the Court hereby remands this case to the Commissioner under sentence six
of 42 U.S.C. § 405(g) for further proceedings. On remand, this case will go back to an
Administrative Law Judge for de novo review of the entire record, including the new and
material evidence, and will assess the Plaintiffs claim for disability. Because this case is being
remanded under sentence six of 42 U.S.C. § 405(g), this Court shall retain jurisdiction of this

case while it is pending before the Commissioner. See Melkonyan v. Sullivan, 501 U.S. 89, 98
(1991 ).
SO ORDERED this 3._ day of

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2015.

JAMES C. DEVER III
CHIEF UNITED STATES DISTRICT JUDGE

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