Metcalf v. Commissioner of Social Security

Filing 11

ORDER granting 10 Defendant's Motion for Remand. Signed by Senior Judge Graham Mullen on 1/18/2023. (kab)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION No. 1:22-CV-218 JASMINE METCALF, ) ) ) ) Plaintiff, ) ) v. ) ) KILOLO KIJAKAZI, ) ) ) ) Acting Commissioner of ) Social Security ) ) Defendant. ) ) ______________________________) ORDER FOR 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 a new administrative hearing. The Court finds good cause has been alleged for remand and that further administrative fact-finding is warranted. Accordingly, the Court hereby under sentence four of 42 U.S.C. § 405(g) remands the case to the Commissioner for further administrative proceedings, including a new hear. See Shalala v. 1 Case 1:22-cv-00218-GCM Document 11 Filed 01/18/23 Page 1 of 2 Schaefer, 509 U.S. 292 (1993); 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. Signed: January 18, 2023 2 Case 1:22-cv-00218-GCM Document 11 Filed 01/18/23 Page 2 of 2

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