Harris v. Astrue

Filing 23

MEMORANDUM OPINION AND ORDER entered. It is ORDERED, without objection from Plaintiff, that Defendant's 19 Motion to Remand be GRANTED and that this action be REVERSED and REMANDED to the Social Security Admin. for further administrative proceedings, as further set out. Signed by Magistrate Judge Bert W. Milling, Jr on 8/19/2011. (clr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JANICE HARRIS,

:

Plaintiff,

:

vs.

:
CIVIL ACTION 11-0129-M

MICHAEL J. ASTRUE,
Acting Commissioner of
Social Security,
Defendant.

:
:
:

MEMORANDUM OPINION AND ORDER

In this action under 42 U.S.C. § 405(g), Plaintiff seeks
judicial review of an adverse social security ruling which
denied a claim for Supplemental Security Income (Docs. 1, 14).
The parties filed written consent and this action has been
referred to the undersigned Magistrate Judge to conduct all
proceedings and order the entry of judgment in accordance with
28 U.S.C. § 636(c) and Fed.R.Civ.P. 73 (see Doc. 22).
Defendant has filed a Motion for Entry of Judgment With
Order of Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g)
(Doc. 19).

Defendant has stated that Plaintiff’s attorney has

no objection to the motion (Doc. 19, pp. 1-2).

Defendant states

the following:
Upon remand by the Court, the Commissioner
will direct an Administrative Law Judge to
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further evaluate all of Plaintiff’s
impairments and Plaintiff’s residual
functional capacity, providing appropriate
rationale in support of the assessed
limitations, including specific references
to evidence of record.
(Doc. 20, p. 1).

This is a tacit admission that Plaintiff's

application was not appropriately considered and that this
action should be reversed.

Without reviewing the substantive

evidence of record, this Court accepts Defendant's
acknowledgment of error.
It appears to the Court that the decision of the Secretary
should be reversed and remanded.

Such remand comes under

sentence four of 42 U.S.C. § 405(g).
501 U.S. 89 (1991).

See Melkonyan v. Sullivan,

For further procedures not inconsistent

with this report, see Shalala v. Schaefer, 509 U.S. 292 (1993).
Therefore, it is ORDERED, without objection from Plaintiff,
that Defendant’s Motion to Remand under sentence four be GRANTED
(Doc. 19) and that this action be REVERSED and REMANDED to the
Social Security Administration for further administrative
proceedings not inconsistent with the orders of this Court.
Judgment will be entered by separate order.
DONE this 19th day of August, 2011.

s/BERT W. MILLING, JR.
UNITED STATES MAGISTRATE JUDGE
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