McLean v. O'Malley

Filing 19

ORDER granting 18 Motion to Remand. Signed by US Magistrate Judge Robert B. Jones, Jr. on 8/28/2024. (Grady, B.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:24-cv-00119-RJ
ANTOINE McCLEAN,
Plaintiff,
V.

MARTIN O'MALLEY
Commissioner of Social Security,
Defendant,

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ORDER

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Thfs matter is before the court on Plaintiffs Brief filed pursuant to the
Supplemental Rules and Defendant's Motion for Remand to the Commissioner for
Further Administrative Proceedings. Plaintiffs counsel has been contacted
regarding the Government's Motion for Remand and consents to the Remand.
Accordingly, for good cause shown, 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. See Shalala v. Schaefer, 509 U.S.
292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). Upon remand, the Appeals
Council will refer Plaintiffs case to an Administrative Law Judge ("ALJ"), who will
offer the claimant the opportunity for a new hearing, take any further action needed
to complete the administrative record, and 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 28th day of August, 20~

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lro ert11:f::t.t
United States Magistrate Judge