Buckhalt v. Astrue

Filing 24

JUDGMENT it is Ordered, Adjudged and Decreed that the decision of the Commissioner is reversed, and this action is remanded to the Commissioner for further proceedings. Signed by Honorable Susan Russ Walker on 12/3/08. (Attachments: # 1 appeals checklist)(vma, ) Modified on 12/3/2008 - to show (mailed: Hon. Thigpen & Bill Waxman) (vma, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION JERRY B. BUCKHALT, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No.1:07CV845-SRW ( W O) JUDGMENT In accordance with the Memorandum of Opinion entered on this date, it is ORDERED, ADJUDGED and DECREED that the decision of the Commissioner is REVERSED, and this action is REMANDED to the Commissioner for further proceedings.1 DONE, this 3rd day of December, 2008. /s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE In the event plaintiff is awarded benefits on remand, plaintiff shall have ninety (90) days after plaintiff receives notice of the amount of any award of past due benefits to seek fees from this court pursuant to 42 U.S.C. 406(b). 1

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