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.).

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).

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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

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Case 5:16-cv-00947-FL Document 22 Filed 06/20/17 Page 2 of 2