FRYE v. ASTRUE

Filing 14

ORDER approving 13 Report and Recommendation; granting 12 Motion to Remand filed by MICHAEL J ASTRUE. This case is remanded to the Commissioner of Social Security pursuant to sentence six of §§205(g) and 1631(c)(3) of the Social Security Act, 42 U.S.C. §§405(g) and 1383(c)(3). Defendant shall direct the Administrative Law Judge to perfect the record. Because of pending subsequent application, the Administrative Law Judge shall consolidate the claims an d issue a new decision. The Commissioner shall report to the court on the progress of the case within ninety days of the date of this Order and every thirty days thereafter. The clerk is directed to close this case administratively. The court retains jurisdiction. ( Status Report due by 3/16/2010) Signed by JUDGE RICHARD SMOAK on 12/16/09. (jem)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

ROSALEE FRYE, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security Administration, Defendant. __________________________________/ ORDER Before me is the Magistrate Judge's Report and Recommendation (Doc. 13). No objections have been filed. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order. 2. 3. Defendant's Motion To Remand (Doc. 12) is granted. This case is remanded to the Commissioner of Social Security pursuant to sentence six of §§205(g) and 1631(c)(3) of the Social Security Act, 42 U.S.C. §§405(g) and 1383(c)(3). 4. Defendant shall direct the Administrative Law Judge to perfect the record. Because of a pending subsequent application, the Administrative Law Judge shall consolidate the claims and issue a new decision. The Commissioner shall report to the court on the progress of the case within CASE NO. 5:09cv258/RS-MD

ninety days of the date of this Order and every thirty days thereafter. 5. The clerk is directed to close this case administratively. The court retains jurisdiction.

ORDERED on December 16, 2009.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE