Dalrymple v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:23-cv-95-MOC JAMES DALRYMPLE, ) ) Plaintiff, ) ) v. ) ) ORDER KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. )

THIS MATTER is before the Court on Defendant’s Consent Motion for Remand to the Commissioner for further administrative proceedings. (Doc. No. 10). The Commissioner wishes to conduct further fact-finding. The Court finds good cause has been alleged for remand and that further administrative fact-finding is warranted. Accordingly, the motion is GRANTED. Under sentence four of 42 U.S.C. § 405(g) 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). Furthermore, the Clerk is respectfully instructed to notice Doc. No. 8 (Plaintiffs Brief) as no longer pending.

Signed: September 26, 2023

fon na i] NOS NI bea , Max O. Cogburn Jr ) United States District Judge Tog it