Green v. Astrue (CONSENT)

Filing 19

JUDGMENT, it is the ORDER, JUDGMENT and DECREE of this court that the 15 Motion to Remand is GRANTED, the decision of the Commissioner is REVERSED, and this action is REMANDED to the Commissioner pursuant to sentence four of 42 USC 405(g) for further proceedings as set forth in the Commissioner's motion. Signed by Honorable Susan Russ Walker on 2/23/2009. Copy also mailed to SSA Chief Judge and SSA Office of Hearings and Appeals. (Attachments: # 1 Civil Appeals Checklist)(wcl, )

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

CIVIL ACTION NO. 1:08cv604-SRW (WO)

JUDGMENT Upon consideration of the motion to remand filed by the Commissioner on February 17, 2009 (Doc. # 15), and plaintiff's consent to remand (Doc. # 18) it is the ORDER, JUDGMENT and DECREE of this court that the motion is GRANTED, the decision of the Commissioner is REVERSED, and this action is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings as set forth in the Commissioner's motion.1 Done, this 23rd day of February, 2009. /s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE

In the event that plaintiff is awarded benefits on remand, plaintiff shall have 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).

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