Anderson v. Astrue

Filing 12

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS re 10 MOTION to Remand to Agency to Social Security Administration filed by Michael J. Astrue, recommending Defendant's motion be granted and this action be remanded to SS for further administrative action. Signed by Judge Kristi K. DuBose on 11/23/09. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION DELOIS B. ANDERSON, 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 recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) and dated November 20, 2009, is ADOPTED as the opinion of this Court. Accordingly, for good cause shown and because no answer has been filed, it is ORDERED that Defendant's unopposed Motion to Remand (Doc. 10) is GRANTED and this action is REMANDED to the Social Security Administration pursuant to sentence six of 42 U.S.C. 405(g), so that the Commissioner can locate or reconstruct the claim file regarding the Administrative Law Judge's April 5, 2007 decision. Under this remand pursuant to sentence six of Section 405(g), Plaintiff is not a prevailing party for purposes of the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. See, Shalala v. Schafer, 509 U.S. 292, 297-298 and 300-302, 113 S.Ct. 2625, 2629 and 2631-2632, 125 L.Ed. 2d 239 (1993). DONE and ORDERED this the 23rd day of November 2009. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE Civil Action 09-00531-KD-B

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