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)

Download PDF
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. * * * * * * * * * * 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

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?