McLean v. O'Malley ( 2024 )

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. ) ORDER ) MARTIN O’MALLEY ) Commissioner of Social Security, ) ) Defendant, ) a ) This 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, 2024 4: B. tee Jr. United States Magistrate Judge