Evans v. Astrue

Filing 25

ORDER ADOPTING the 24 REPORT AND RECOMMENDATIONS. It is ORDERED that Defendant's unopposed Motion to Remand (Doc. 23) be and hereby is GRANTED, and that this action is REMANDED to the Social Security Administration pursuant to sentence four. Signed by Chief Judge William H. Steele on 4/19/2012. (tgw)

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

JONATHAN EVANS,

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Plaintiff,
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vs.
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MICHAEL J. ASTRUE,
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Commissioner of Social Security,*
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Defendant.
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Civil Action 11-00556-WS-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 March 26,
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. 23) 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 Council can
remand the case to an Administrative Law Judge to “further consider
the opinions of examining source [] Nina E. Tocci, Ph.D.[,] and
non-examining source Guendalina Ravello, Ph.D., and explain the
weight given to such opinions; further evaluate Plaintiff’s mental

impairments ...; further consider Plaintiff’s residual functional
capacity; and, if warranted, obtain supplemental evidence from a
vocational expert ....”

(Doc. 23 at 1-2).

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 19th day of April, 2012.

s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE