Traylor v. Astrue (Consent)

Filing 26

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 AFFIRMED as to plaintiff's Title II claim and REVERSED as to plaintiff's Title XVI claim, and this action is REMANDED to the Commissioner for further administrative proceedings. Signed by Honorable Susan Russ Walker on 3/11/10. (Attachments: # 1 civil appeals checklist)(djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION WILLIAM D. TRAYLOR, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. 1:08CV785-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 AFFIRMED as to plaintiff's Title II claim and REVERSED as to plaintiff's Title XVI claim, and this action is REMANDED to the Commissioner for further administrative proceedings.1 Done, this 11th day of March, 2010. /s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE In the event plaintiff is awarded additional 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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