Schimkus v. Colvin

Filing 22

ORDER granting 21 Consent Motion to Remand to Social Security Administration. Signed by District Judge Louise Wood Flanagan on 6/20/2017. (Edwards, S.) (Main Document 22 replaced on 6/20/2017) (Edwards, S.).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:16-CV-00947-FL WALTER SCHIMKUS, ) ) Plaintiff, ) ) v. ) ) NANCY A. BERRYHILL, ) Acting Commissioner of ) Social Security ) ) Defendant. ) ______________________________) ORDER TO REMAND This matter is before the court on Plaintiff’s Complaint and Defendant’s Motion for Remand to the Commissioner for further administrative proceedings. The Commissioner wishes to conduct further fact finding, including holding a new hearing. Plaintiff’s counsel consents to the Government’s Motion for Remand. 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. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). 1 Case 5:16-cv-00947-FL Document 22 Filed 06/20/17 Page 1 of 2 The Clerk of Court is directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. 20th SO ORDERED this ________ day of June, 2017. ________________________ Louise W. Flanagan United States District Judge 2 Case 5:16-cv-00947-FL Document 22 Filed 06/20/17 Page 2 of 2

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