Manning v. Commissioner of Social Security

Filing 27

ORDER granting 24 Motion to Remand. Signed by US Magistrate Judge Robert B. Jones, Jr. on 8/1/2022. (Grady, B.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
Civ. No. 4:21-cv-00119-RJ
ZELDA DEE MANNING,
Plaintiff,
V.

KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

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ORDER

This matter is before the Court on Plaintiffs Motion for Judgment on the Pleadings and
Defendant's Motion for Remand to the Commissioner. [DE-22, -24]. Plaintiff consents to a
remand and requests Plaintiff be offered the opportunity for a new hearing. [DE-26].
For good cause shown, the Court hereby reverses the Commissioner's decision under
sentence four of 42 U.S.C. § 405(g) and remands the case to the Commissioner for further
proceedings, to include offering Plaintiff the opportunity for a new hearing. See Shalala v.
Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). The Clerk of the
Court is directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil
Procedure.
SO ORDERED this_/_ day of August, 2022.

R~~

United States Magistrate Judge

Case 4:21-cv-00119-RJ Document 27 Filed 08/01/22 Page 1 of 1