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)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

TONI M. CARROLL,

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* Civil Action 11-00162-WS-B
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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