McCoy v. Astrue (CONSENT)

Filing 17

OPINION AND ORDER granting defendant's 15 motion to remand; further ORDERING and ADJUDGING 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. Signed by Honorable Charles S. Coody on 3/6/09. (djy, )

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 IM E S IA S. MCCOY, P l a in tif f , v. M IC H A E L J. ASTRUE, C o m m is s io n e r of Social Security, D e f e n d a n t. ) ) ) ) ) ) ) ) ) )

C I V IL ACTION NO. 2:08cv678-CSC

O P I N I O N and ORDER O n March 4, 2009, the defendant filed a motion to reverse and remand for further p roc ee d ing s pursuant to sentence four of 42 U.S.C. § 405(g). See Doc. # 15. The plaintiff d o e s not object to a remand. In addition, the parties have consented to entry of final judgment b y the United States Magistrate Judge. See 28 U.S.C. § 636(c). Accordingly, it is O R D E R E D that the defendant's motion to remand (doc. # 15) 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 for further p r o c e e d in g s . D o n e this day of 6 th March 2009.

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