Austin v. Astrue (CONSENT)

Filing 17

OPINION AND ORDER that defendant's 16 MOTION to Remand is granted. Ordered that the decision of the Commissioner is REVERSED and this case REMANDED to the Commissioner for further proceedings. Signed by Honorable Charles S. Coody on 1/9/09. (sl, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION ANDY R. AUSTIN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 1:08cv361-CSC

OPINION and ORDER On January 8, 2009, the defendant filed a motion to remand this case for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). See Doc. # 16. The plaintiff does not object to a remand. In addition, the parties have consented to entry of final judgment by the United States Magistrate Judge. See 28 U.S.C. § 636(c). Accordingly, it is ORDERED that the defendant's motion to remand (doc. # 16) be and is hereby GRANTED. It is further ORDERED AND ADJUDGED that the decision of the Commissioner be and is hereby REVERSED and this case be and is hereby REMANDED to the Commissioner for further proceedings. Done this 9th day of January, 2009.

/s/Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE