Hill v. Astrue (CONSENT)

Filing 13

MEMORANDUM OPINION AND ORDER that the defendant's 12 Motion to Remand 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 pursuant to sentence six of 42 U.S.C. 405(g) for further proceedings. Signed by Honorable Charles S. Coody on 4/14/2009. (Attachments: #(1) Civil Appeals Checklist) Copy mailed to Waxman and Thigpen. (dmn)

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION R A N D Y HILL, P l a i n t if f , v. JO ANNE B. BARNHART, C om m issio n er of Social Security, D e fe n d a n t. ) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 1:09cv01-CSC WO

M E M O R A N D U M OPINION AND ORDER O n April 9, 2009, the defendant filed a motion to remand pursuant to sentence six of 42 U .S .C . § 405(g). See Doc. # 12. The plaintiff does not object to remand pursuant to sentence six of 42 U.S.C. § 405(g). In addition, pursuant to 28 U.S.C. § 636(c)(1) and M.D. Ala. LR 73.1 , the parties have consented to the United States Magistrate Judge conducting all pro ceedings in this case and ordering the entry of final judgment. Accordingly, it is O R D E R E D that the defendant's motion to remand (doc. # 12) 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 pursuant to sentence six of 42 U.S.C. § 405(g) for further proceedings. D one this 14 th day of April 2009.

/s/Charles S. Coody CHARLES S. COODY U N IT E D STATES MAGISTRATE JUDGE