Lee v. Colvin

Filing 26

ORDER granting 25 Motion to Remand to the Commissioner of Social Security. Signed by Magistrate Judge Robert T. Numbers, II on 7/10/2017. (Herrmann, L.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:16-CV-00382-RN FELICIA GRADY LEE, ) ) 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). 1 Case 7:16-cv-00382-RN Document 25-1 Filed 07/07/17 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. SO ORDERED this _____ day of July, 2017. Dated: July 10, 2017 ______________________________________ ________________________ Robert T. Numbers, II RobertUnitedNumbers II T. States Magistrate Judge United States Magistrate Judge 2 Case 7:16-cv-00382-RN Document 25-1 Filed 07/07/17 Page 2 of 2

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