Barfield Montoya v. Berryhill
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
CAROL BARFIELD MONTOYA,
ORDER TO REMAND
NANCY A. BERRYHILL,
Acting Commissioner of
This matter is before the court on Plaintiff's Complaint and
Defendant's Motion for Remand to the Commissioner for further
The Commissioner wishes to conduct
further fact finding, including holding a new hearing.
Plaintiff's counsel consents to the Government's Motion for
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).
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
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