Joyner v. Commissioner of Social Security

Filing 13

ORDER granting 12 Motion to Remand. Signed by District Judge Louise Wood Flanagan on 6/3/2024. (Collins, S)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:24-cv-00002-FL
CHRISTIE JOYNER,
Plaintiff,
v.
MARTIN O’MALLEY 1,
Commissioner of Social Security,
Defendant,
______________________________

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ORDER

This matter is before the court on Plaintiff’s Motion for Judgment on the
Pleadings and Defendant’s Motion for Remand to the Commissioner for Further
Administrative Proceedings. Plaintiff’s counsel has been contacted regarding the
Government’s Motion for Remand and does consent to the Remand.
Accordingly, 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. See Shalala v. Schaefer, 509 U.S.
292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). Upon remand, the Appeals
Council will refer Plaintiff’s case to an Administrative Law Judge (“ALJ”), who will
offer the claimant the opportunity for a new hearing, take any further action needed
to complete the administrative record, and issue a new decision.

1

Martin O’Malley became the Commissioner of Social Security on December 20, 2023.
Pursuant to Rule 43(c)(2) of the Federal Rules of Appellate Procedure, Martin O’Malley should
be substituted for Kilolo Kijakazi as the defendant in the suit. No further action need be taken to
continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g).

The Clerk of Court is directed to enter a separate judgment pursuant to Rule
58 of the Federal Rules of Civil Procedure.
SO ORDERED this 3rd day of June, 2024.

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LOUISE W. FLANAGAN
United States District Judge