Winters v. Astrue
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
VINCE LEE WINTERS,
MICHAEL J. ASTRUE,
Commissioner of Social Security,*
Civil Action 11-00261-CB-B
After due and proper consideration of all portions of this
file deemed relevant to the issues raised, and there having been
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
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
Administration pursuant to sentence four of 42 U.S.C. ' 405(g) so
functional capacity without reliance on the non-physician single
(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.
Schaefer, 509 U.S. 292 (1993).
DONE this 9th day of January, 2012.
s/Charles R. Butler, Jr.
SENIOR UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?