Hogge v. Astrue

Filing 19

ORDER ADOPTING 18 REPORT AND RECOMMENDATIONS re 17 Unopposed MOTION to Remand Pursuant to Sentence Four filed by Michael J. Astrue recommending the motion be granted and this Court remand this action to the Commissioner. Signed by Judge Kristi K. DuBose on 9/15/09. (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TARA A. HOGGE, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. * * * * * * * * * * *

Civil Action 09-0018-KD-B

ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made pursuant to 28 U.S.C. § 636(b)(1)(B) and dated August 27, 2009 is hereby ADOPTED as the opinion of this Court. Accordingly, for good cause shown, it is ORDERED that

Defendant's unopposed Motion and Memorandum for Entry of Judgment Pursuant to Sentence Four of 42 U.S.C. § 405(g) with Remand of the Cause to the Defendant (Doc. 17) be and hereby is GRANTED, and that this action is REMANDED to the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) so that the Appeals Council will ". . . remand this case to an Administrative Law Judge (ALJ), who will conduct a de novo hearing and issue a new decision. The ALJ will be specifically to the instructed vocational to pose . a . proper . that

hypothetical

question

expert

accurately

and

specifically

describes

Plaintiff's

functional

abilities and limitations.

In addition, the ALJ will be directed

to recontact Dr. Tarabein, Plaintiff's treating physician, for clarification of any ambiguous treatment notes and to request his opinion regarding Plaintiff's abilities and limitations" (Id. at 12). This remand, pursuant to sentence four of Section 405(g), makes Plaintiff a prevailing party for purposes of the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. 509 U.S. 292 (1993). DONE this 15th day of September 2009. Shalala v. Schaefer,

s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE