Wymer-Weckworth v. Commissioner of Social Security ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION No. 2:22-cv-00042-D-RN MISTY HELEN WYMER-WECKWORTH, _ ) ) Plaintiff, ) v. ) ) KILOLO KIJAKAZI, ) ORDER Acting Commissioner of Social Security, ) ) Defendant. ) a) This matter is before the Court on Plaintiffs Motion for Judgment on the Pleadings and Defendant’s Motion for Remand to the Commissioner. Plaintiff, through counsel, consents to Defendant’s Motion for Remand to the Commissioner. 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 administrative 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 J udge (“ALJ”), who will offer the claimant the opportunity for a new hearing, take any further action to complete the administrative record, and issue a new decision. The Clerk of the Court is directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED this ___2| day of March, 2023. . A. Dive JAMES C. DEVER III United States Magistrate Judge