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)

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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

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