Holofchak v. Astrue

Filing 43

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 10/29/2010:Mailed notice(srn, )

Holofchak v. Astrue

Doc. 43

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION BRIAN HOLOFCHAK, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, Commissioner ) of the Social Security ) Administration, ) ) Defendant. )

No.

09 C 5204

MEMORANDUM ORDER Commissioner of Social Security Michael Astrue ("Commissioner") has filed a timely Fed. R. Civ. P. 59(e) motion to alter the judgment entered by this Court on September 28, 2010. Because the motion is well taken, it is granted.

Accordingly this Court: 1. vacates the order that remanded this action to

Commissioner pursuant to both sentences four and six of 42 U.S.C. §405(g); 2. in lieu of that order, reverses Commissioner's

decision and remands this action pursuant to sentence four only, with any additional relevant evidence submitted by plaintiff Brian Dale Holofchak to be considered on remand (see, e.g., Campbell v. Shalala, 988 F.2d 742, 745 (7th Cir. 1993)); and 3. terminates this action in this District Court.

Dockets.Justia.com

This is a final judgment order.

________________________________________ Milton I. Shadur Senior United States District Judge Date: October 29, 2010

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