Stallworth v. Astrue

Filing 22

ORDER granting 19 Motion to Remand; the Commissioner's decision in this case is REVERSED and the case is REMANDED pursuant to sentence four of 42:405(g) for further administrative proceedings. Signed by Magistrate Judge Katherine P. Nelson on 6/27/2012. (srr)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION FLOYD L. STALLWORTH, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) CIVIL ACTION NO. 11-00552-N ) ) ) ) ) ORDER This action is before the Court on an unopposed motion (doc. 19) filed by the defendant, the Commissioner of Social Security (“Commissioner”), under sentence four of 42 U.S.C. § 405(g), to enter a judgment of remand to the Commissioner for further administrative proceedings because a portion of the administrative hearing transcript is unavailable. It is the Commissioner’s professed intent that, on remand, the Appeals Council will refer the case to an Administrative Law Judge for a de novo hearing. See Doc. 19 at 2. The Court is advised that the plaintiff has no objection to this requested relief. This action has been referred to the undersigned Magistrate Judge to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. § 636(c) and Fed. R.Civ.Pro.73 (doc. 21) and pursuant to the consent of the parties (doc. 20). In light of the foregoing, and the plain language of sentence four of 42 U.S.C. § 405(g) empowering this Court “to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing[,] it is ORDERED that the Commissioner’s unopposed motion is hereby GRANTED and that the Commissioner’s decision in this case is hereby REVERSED and the case REMANDED pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings. See Melkonyan v. Sullivan, 501 U.S. 89, 90 (1991). The remand pursuant to sentence four of 42 U.S.C. § 405(g) makes the plaintiff a prevailing party for purposes of the Equal Access to Justice Act, 28 U.S.C. § 2412 and terminates this Court’s jurisdiction over this matter. See Shalala v. Schaefer, 509 U.S. 292, 298 (1993). DONE this 27th day of June, 2012. /s/ Katherine P. Nelson KATHERINE P. NELSON UNITED STATES MAGISTRATE JUDGE 2

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?