Carroll v. Astrue

Filing 15

ORDER ADOPTING the 14 REPORT AND RECOMMENDATIONS. It is ORDERED that Defendant's unopposed Motion to Remand pursuant to sentence four (Doc. 13) be and hereby is GRANTED, and that this action is REMANDED to the Social Security Administration pursuant to sentence four. Signed by Chief Judge William H. Steele on 10/25/2011. (tgw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TONI M. CARROLL, * * * * * Civil Action 11-00162-WS-B * * * * * * Plaintiff, vs. 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 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 October 3, 2011 is hereby ADOPTED as the opinion of this Court. Accordingly, for good cause shown, it is ORDERED that Defendant’s unopposed Motion to Remand pursuant to sentence four of 42 U.S.C. § 405(g) (Doc. 13) 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 the case to an Administrative Law Judge to conduct a new hearing, and further consider Plaintiff’s residual capacity. 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. Shalala v. Schaefer, 509 U.S. 292 (1993). DONE this 25th day of October, 2011. s/WILLIAM H. STEELE CHIEF UNITED STATES DISTRICT JUDGE

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