Fabian v. Astrue
Filing
13
CONSENT ORDER granting 12 Motion to Remand to Commissioner of Social Security, reversing case under sentence four of 42 U.S.C. § 405 (g) and remanding to the Commissioner of Social Security, and directing the Clerk to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Judge J. Randal Hall on 09/29/2011. (thb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
CARL W. FABIAN,
Plaintiff,
V.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
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CV 111-30
CONSENT ORDER
This Case is before the Court on the Defendant's Consent Motion to
Remand this Case to the Commissioner for Further Action under Sentence
Four of 42 U.S.C. § 405(g). (Doc. no. 12.) Upon due consideration and
the grounds urged in support thereof, the Court hereby GRANTS the Motion.
This case is hereby REVERSED under sentence four of 42 U.S.C. §
405(g) and REMANDED to the Commissioner of Social Security for the
administrative law judge ("AU") to properly evaluate the opinions of the
claimant's treating physicians and explain the weight given to each. If
the treating physicians' opinions are not assigned controlling weight,
the ALJ should obtain a current assessment of the claimant's functional
capacity from a consultative examining physician, who has also conducted
a full review of all the evidence in the record.
The Clerk is hereby DIRECTED to enter a separate judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
ORDER ENTERED at Augusta, Georgia, this
2/day of September,
2011.
ONORA
J. RANDL HALL
UNITED STATES DISTRICT JUDGE
SOUTH N DISTRICT OF GEORGIA
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