Flowers v. Astrue

Filing 17

OPINION AND ORDER granting 16 MOTION to Remand; 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. Signed by Hon. Chief Judge Mark E. Fuller on 1/29/2009. Copy mailed to SSA Chief Judge and SSA Office of Hearings and Appeals.(wcl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION R O S A L I N E D. FLOWERS, P l a in tif f , v. M IC H A E L J. ASTRUE, C o m m is s io n e r of Social Security, D e f e n d a n t. ) ) ) ) ) ) ) ) ) )

C I V I L ACTION NO. 1:08cv487-MEF

O P I N I O N and ORDER O n January 26, 2009, the defendant filed a motion to remand for further proceedings p u rs u a n t to sentence four of 42 U.S.C. § 405(g). See Doc. # 16. The plaintiff does not object to a remand. Accordingly, it is O R D E R E D that the defendant's motion to remand (doc. # 16) be and is hereby G R A N T E D . It is further O R D E R E D AND ADJUDGED that the decision of the Commissioner be and is hereby R E V E R S E D and this case be and is hereby REMANDED to the Commissioner for further p r o c e e d in g s . D o n e this the 29 th day of January, 2009.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE