Geist v. Berryhill
ORDER granting 20 Motion to Remand to Social Security Administration. Signed by Chief Judge James C. Dever III on 11/22/2017. (Briggeman, N.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
JAMES EDMUND GEIST,
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 remains undecided whether or not to consent
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). On remand, the
Commissioner's final decision will be vacated and a hearing de
novo will be conducted.
The ALJ will be instructed to consider
previous post-hearing evidence from the Veterans Administration,
including evidence of any disability rating and associated
medical evidence, and to issue a new decision.
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 November, 2017.
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