Newman v. Colvin(CONSENT)

Filing 14

MEMORANDUM OPINION AND ORDER (substituting Carolyn W. Colvin for Michael J. Astrue, see footnote) that: 1. The defendant's 10 Motion to Remand be and is hereby GRANTED. 2. The The decision of the Commissioner be and is hereby REVERSED and this case be and is hereby REMANDED to the Commissioner pursuant tosentence six of 42 U.S.C. § 405 (g) for further proceedings. 3. The Clerk of the Court shall close this case pending a final decision by the Commissioner on remand. 4. Within sixty ( 60) days of the final decision of the Commissioner of Social Security following remand, if the decision is adverse to the plaintiff, the Commissioner shall file with the Clerk of the Court a motion to reopen andan answer, and shall serve on the plain tiff a copy fo the administrativerecord. 5. Within sixty (60) days of the final decision of the Commissioner of Social Security following remand, if the decision is favorable to the plaintiff, the Commissioner shall file with the Clerk of the Court a motion to reopen and a motion for entry of final judgment for the plaintiff. Signed by Honorable Judge Terry F. Moorer on 3/5/2013. (Attachments: # 1 Civil Appeals Checklist) Copy mailed to Office of Hearings & Appeals and Social Security Administration. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
ROY JACK NEWMAN,
)
)
Plaintiff,
)
)
v.
)
CASE NO.3:12-cv-941-TFM
)
[wo]
CAROLYN W. COLVIN,
)
Acting Commissioner of
)
1
Social Security
)
)
Defendant.
)
MEMORANDUM OPINION AND ORDER
On January 29, 2013 the defendant filed an Unopposed Motion and Memorandum
for Entry of Judgment Under Sentence Six of 42 U.S.C. § 405 (g). (Doc. 10). The
plaintiff does not object to remand pursuant to sentence six of 42 U.S.C. § 405 (g). 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
ORDERED as follows that:
1.

The defendant’s motion to remand (Doc. 10) 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 to
sentence six of 42 U.S.C. § 405 (g) for further proceedings.

On February 14, 2013, Carolyn W. Colvin became the Acting Commissioner of Social
Security.

1

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3.

The Clerk of the Court shall close this case pending a final decision by the
Commissioner on remand.

4.

Within sixty (60) days of the final decision of the Commissioner of Social
Security following remand, if the decision is adverse to the plaintiff, the
Commissioner shall file with the Clerk of the Court a motion to reopen and
an answer, and shall serve on the plaintiff a copy fo the administrative
record.

5.

Within sixty (60) days of the final decision of the Commissioner of Social
Security following remand, if the decision is favorable to the plaintiff, the
Commissioner shall file with the Clerk of the Court a motion to reopen and
a motion for entry of final judgment for the plaintiff.

Done this 5th day of March, 2013.

/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE

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