Anderson v. Astrue

Filing 25

ORDER ADOPTING the 23 REPORT AND RECOMMENDATIONS re 22 MOTION to Remand. It is ordered that the Motion to Remand is granted and this action is REMANDED to the Social Security Administration pursuant to sentence six. Additionally, Defendant's Motion to Dismiss (Doc. 12) is moot, and Plaintiff's Motion for Default Judgment (Doc. 16) is denied. Signed by Chief Judge William H. Steele on 10/19/2011. Copy mailed to Plaintiff. (tgw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION PATRICK NEAL ANDERSON, * * Plaintiff, * * v. * CIVIL ACTION NO. 11-00061-WS-B * MICHAEL J. ASTRUE, * Commissioner of Social Security,* * Defendant. * ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made,, the recommendation of the Magistrate Judge made under 28 U.S.C. ' 636(b)(1)(B) and dated October 11, 2011, is ADOPTED as the opinion of this Court. Accordingly, for good cause shown and because no answer has been filed, it is ORDERED that Defendant=s Motion to Remand (Doc. 22) be and is hereby GRANTED and that this action is REMANDED to the Social Security Administration pursuant to sentence six of 42 U.S.C. ' 405(g), so that the Appeals Council can locate or reconstruct the claim file regarding the Administrative Law Judge’s June 25, 2004 decision. Pursuant to sentence six of Section 405(g), Plaintiff is not a prevailing party for purposes of the Equal Access to Justice Act (“EAJA”), 28 U.S.C. ' 2412, as a result of this sentence six remand. See Shalala v. Schafer, 509 U.S. 292, 297-298 and 300-302, 113 S. Ct. 2625, 2629 and 2631-2632, 125 L. Ed. 2d 239 (1993). Additionally, Defendant’s Motion to Dismiss (Doc. 12) is MOOT, and Plaintiff’s Motion for Default Judgment (Doc. 16) is DENIED. DONE and ORDERED this the 19th day of October, 2011. s/WILLIAM H. STEELE CHIEF UNITED STATES DISTRICT JUDGE

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