Smith v. Astrue

Filing 14

MEMORANDUM OPINION AND ORDER granting the 13 Motion to Remand; reversing the Commissioner's decision; remanding the case to the Commissioner for further proceedings. Signed by Honorable Terry F. Moorer on 3/21/2011. (br, )

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Smith v. Astrue (CONSENT) Doc. 14 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION PAMELA M. SMITH, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 2:10-cv-859-TFM MEMORANDUM OPINION AND ORDER Pending before the Court is Defendant's Motion to Reverse and Remand with Suggestions in Support (Doc. 13, filed March 21, 2011) which requests remand pursuant to sentence four of 42 U.S.C. 405(g). The Plaintiff does not object to remand. In addition, pursuant to 28 U.S.C. 636(c)(1) and M.D. Ala. LR 73.1, the parties have consented to the United States Magistrate Judge conducting all proceedings in this case and ordering the entry of final judgment. Accordingly, it is hereby ORDERED that the motion to remand (Doc. 13) is 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 pursuant to sentence four of section 205(g), 42 U.S.C. 405(g), for further proceedings. A separate final judgment shall be entered. Page 1 of 2 DONE this 21st day of March, 2011. /s/ Terry F. Moorer TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE Page 2 of 2

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