Rainer v. Astrue

Filing 14

MEMORANDUM OPINION AND ORDER directing as follows: (1) the defendant's 11 motion to remand be and is hereby GRANTED; (2) the decision of the Commissioner be and is hereby REVERSED and this case be and is hereby REMANDED to the Commissioner pur suant to sentence six of 42 USC 405(g) for further proceedings; (3) the clerk shall close this case pending a final decision by the Commissioner on remand; (4) within (60) days of the final decision of the Commissioner of Social Security following re mand, if the decision is adverse to the plf, the Commissioner shall file with the clerk a motion to reopen and an answer, and shall serve of the plf a copy of the administrative record; (5) within (60) days of the final decision of the Commissioner o f Social Security following remand, if the decision is favorable to the plf, the Commissioner shall file with the Clerk a motion to reopen and a motion for entry of final judgment for the plf. Signed by Honorable Charles S. Coody on 9/1/09. Certified copy also mailed to Chief Judge and Office of Hearings & Appeals.(djy, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION P A T R IC IA ANN RAINER, 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. 2:09cv345-CSC (WO)

M E M O R A N D U M OPINION AND ORDER O n August 18, 2009, the defendant filed a motion to remand pursuant to sentence six o f 42 U.S.C. § 405(g). See Doc. # 11. The plaintiff does not object to remand pursuant to s e n te n c e six of 42 U.S.C. § 405(g). In addition, pursuant to 28 U.S.C. § 636(c)(1) and M.D. A la. LR 73.1, the parties have consented to the United States Magistrate Judge conducting all p ro c e e d in g s in this case and ordering the entry of final judgment. Accordingly, it is O R D E R E D as follows that: 1. 2. T h e defendant's motion to remand (doc. # 11) be and is hereby GRANTED. T h e decision of the Commissioner be and is hereby REVERSED and this case

b e and is hereby REMANDED to the Commissioner pursuant to sentence six of 42 U.S.C. § 4 0 5 (g ) for further proceedings. 3. T h e Clerk of the Court shall close this case pending a final decision by the

C o m m is s io n e r on remand. 4. W ith in sixty (60) days of the final decision of the Commissioner of Social

S e c u rity following remand, if the decision is adverse to the plaintiff, the Commissioner shall

f ile with the Clerk of the Court a motion to reopen and an answer, and shall serve on the p la in tif f a copy of the administrative record. 5. W ith in sixty (60) days of the final decision of the Commissioner of Social

S e c u rity following remand, if the decision is favorable to the plaintiff, the Commissioner shall f ile with the Clerk of the Court a motion to reopen and a motion for entry of final judgment f o r the plaintiff. D o n e this 1 st day of September 2009.

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

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