Russaw v. Astrue

Filing 17

OPINION AND ORDER that the defendant's 15 motion to remand is GRANTED; further, that the decision of the Commissioner is REVERSED and this case is REMANDED to the Commissioner for further proceedings. Signed by Honorable Charles S. Coody on 2/10/2010. Copies mailed to SSA, Attn Bill Waxman and Office of Hearings and Appeals, Attn: Judge Thigpen. (br, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION JOLENE McCRAY o/b/o J.R., Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 1:09cv732-CSC

OPINION and ORDER On February 2, 2010, the defendant filed a motion to reverse and remand for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). See Doc. # 15. The plaintiff does not object to a remand. See Doc. # 16. In addition, the parties have consented to entry of final judgment by the United States Magistrate Judge. Accordingly, it is ORDERED that the defendant's motion to remand (doc. # 15) 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 10th day of February 2010. /s/Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE See 28 U.S.C. § 636(c).