Johnson v. O'Malley

E.D. North Carolina

Johnson v. O'Malley

CourtDistrict Court, E.D. North Carolina

DecidedJanuary 23, 2024

Docket2:23-cv-00047

StatusUnknown

This text of Johnson v. O'Malley (Johnson v. O'Malley) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. O'Malley, (E.D.N.C. 2024).

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Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION No. 2:23-cv-00047-BO-RJ MELANIE R. JOHNSON, ) Plaintiff, ) v. ) ORDER ) KILOLO KIJAKAZI, ) 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 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 teh day of lon, 2024.

TERRENCE W. BOYLE UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION No. 2:23-cv-00047-BO-RJ MELANIE R. JOHNSON, ) Plaintiff, ) v. ) ORDER ) KILOLO KIJAKAZI, ) 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 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 teh day of lon, 2024.

TERRENCE W. BOYLE UNITED STATES DISTRICT JUDGE

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Bluebook (online)

Johnson v. O'Malley, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-omalley-nced-2024.

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