Claytor v. Colvin

Filing 23

ORDER GRANTING 22 Consent Motion to Remand. The Court hereby reverses the Commissioner'sdecision under sentence four of 42 U.S.C. § 405(g) and remandsthe case to the Commissioner for further proceedings, including anew hearing. Signed by US District Judge Terrence W. Boyle on 1/16/2015. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:14-CV-499-BO
PAMELA P. CLAYTOR,
Plaintiff
ORDER

v.
CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,
Defendant.

This matter is before the court on Defendant's Motion for
Remand to the Commissioner for further administrative
proceedings.
finding,

The Commissioner wishes to conduct further fact

including a new hearing and decision by an

administrative law judge (ALJ) .

The period under administrative

review on remand will concern a closed period from July 13, 2010,
through August 13, 2014.

Plaintiff was approved for Title XVI

benefits on a subsequent application as of August 14, 2014.

That

decision will not be disturbed upon remand of this action.
Plaintiff's counsel consents to the Government's Motion for
Remand to review this closed period.
The Court finds good cause has been alleged for remand.
Accordingly, 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, including a

new hearing, as outlined above.

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 this

~day

of January, 2015.

Terrence W. Boyle
United States Distr