Winters v. Astrue

Filing 21

ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS re 19 Unopposed MOTION to Remand Pursuant to Sentence Four filed by Michael J. Astrue. It is ORDERED that Defendant's unopposed Motion to Remand be GRANTED, and that this action is remanded to the Commissioner for action consistent with Defendant's motion. Signed by Senior Judge Charles R. Butler, Jr on 1/9/2012. (adk)

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

VINCE LEE WINTERS,

*
*
Plaintiff,
*
*
vs.
*
*
MICHAEL J. ASTRUE,
*
Commissioner of Social Security,*
*
Defendant.
*

Civil Action 11-00261-CB-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 January 5, 2012 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. 16) 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

Administrative

Law

Council
Judge

to

can

remand

“reassess

the

case

Plaintiff’s

to

an

residual

functional capacity without reliance on the non-physician single
decision-maker’s assessment.”

(Doc. 19 at 1).

This remand, pursuant to sentence four of Section 405(g),
makes Plaintiff a prevailing party for purposes of the Equal
Access to Justice Act (AEAJA@), 28 U.S.C. ' 2412.

Shalala v.

Schaefer, 509 U.S. 292 (1993).
DONE this 9th day of January, 2012.

s/Charles R. Butler, Jr.
__
SENIOR UNITED STATES DISTRICT JUDGE