McMillion v. Astrue

Filing 21

JUDGMENT: In accordance with the Memorandum Opinion entered on this date, it is the ORDER, JUDGMENT and DECREE of this court that the decision of the Commissioner is REVERSED, and this action is REMANDED to the Commissioner for further proceedings consistent with the opinion. Signed by Honorable Susan Russ Walker on 10/9/2009. (Attachments: #(1) Civil Appeals Checklist) Copy mailed to Waxman and Thigpen. (dmn)

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION B R E N D A McMILLON o/b/o W.M., P la in tif f , v. M IC H A E L J. ASTRUE, Commissioner o f Social Security, D e f e n d a n t. ) ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:08cv169-SRW (W O ) JU D G M E N T In accordance with the Memorandum Opinion entered on this date, it is the ORDER, J U D G M E N T and DECREE of this court that the decision of the Commissioner is R E V E R S E D , and this action is REMANDED to the Commissioner for further proceedings c o n s is te n t with the opinion.1 Done, this 9th day of October, 2009. /s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE In the event plaintiff is awarded 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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