Mitchell v. Astrue

Filing 43

ORDER granting 41 Motion to Remand to Social Security Administration. Signed by Chief Judge Louise Wood Flanagan on 7/8/11. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:10-CV-579-FL
JAMES K. MITCHELL,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of
Social Security

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ORDER

Defendant
This matter is before the Court on defendant’s Motion for
Remand to the Commissioner.

Plaintiff’s counsel has indicated

that he does not oppose the defendant’s Motion for Remand.
Accordingly, for good cause shown, the Court hereby reverses
the Commissioner’s decision and remands, under sentence four of
42 U.S.C. § 405(g), the case to the Commissioner for additional
proceedings to allow the defendant to further evaluate whether
the plaintiff has an impairment that meets or medically equals
the severity of an impairment in the listing of impairments in 20
C.F.R. Part 404, Subpart P, Appendix 1.

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 8th day of

July, 2011.

LOUISE W. FLANAGAN
CHIEF UNITED STATES DISTRICT JUDGE