Barfield Montoya v. Berryhill

Filing 21

ORDER granting 20 Motion to Remand to Social Security Administration. Signed by Chief Judge James C. Dever III on 9/21/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:17-CV-00094-D
CAROL BARFIELD MONTOYA,
Plaintiff,
v.

ORDER TO REMAND

NANCY A. BERRYHILL,
Acting Commissioner of
Social Security
Defendant.

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
Melkonyan v. Sullivan, 501 U.S. 89 (1991).

(1993);

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 September, 2017.

Chief United States District Judge

2