Boles v. Astrue

Filing 13

MEMORANDUM OPINION AND ORDER directing as follows: (1) the def's 9 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 pursuant t o sentence six of 42 U.S.C. § 405(g) for further proceedings; (3) directing the clerk to close this case pending a final decision by the Commissioner on remand; (4) Within 60 days of the final decision of the Comm of Soc Sec following remand, if the decision is adverse to the plf, the Comm shall file with the Clerk a motion to reopen and an answer, and shall serve on the plf a copy of the administrative record; (5) Within 60 days of the final decision of the Comm of Soc Sec following remand , if the decision is favorable to the plf, the Comm shall file with the Clerk a motion to reopen and a motion for entry of final judgment for the plf. Signed by Hon. Chief Judge Mark E. Fuller on 3/17/10. (Attachments: # 1 civil appeals checklist)(djy, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION L I N D A D. BOLES, 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 I L ACTION NO. 2:09cv1115-MEF (WO) M E M O R A N D U M OPINION AND ORDER O n March 15, 2010, the defendant filed a motion to remand pursuant to sentence six o f 42 U.S.C. § 405(g). See Doc. # 9. The plaintiff does not object to the sentence six remand. A c c o rd in g ly, it is O R D E R E D as follows that: 1. 2. T h e defendant's motion to remand (doc. # 9) 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 i th 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 17th day of March 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE 2

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