Thurmond v. Astrue

Filing 13

MEMORANDUM OPINION re: 11 MOTION to Remand Case to Social Security Administration filed by Defendant Michael J. Astrue; motion is GRANTED. IT IS FURTHER ORDERED that a Judgment of Reversal and Remand will issue contemporaneously herewith remanding this case to the Commissioner of Social Security for further consideration pursuant to 42 U.S.C. 405(g), sentence 4.IT IS FURTHER ORDERED that upon entry of the Judgment, the appeal period will begin which determines the thirty (30) day period in which a timely application for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, may be filed. Signed by Magistrate Judge Nannette A Baker on 11/21/11. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION

LAURA THURMOND,
Plaintiff,
vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security
Defendant.

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Case No. 1:11-CV-00134-NAB

MEMORANDUM OPINION
ON DEFENDANT’S MOTION TO REMAND
Presently before the Court is a Motion to Remand this action back to the Social Security
Administration filed by Michael J. Astrue (“Defendant”). [Doc. 11]. Laura Thurmond
(“Plaintiff”) filed a response and has no objection to the motion. Having fully considered the
arguments set forth by Defendant, the Court grants the Motion to Remand.
Discussion
On July 26, 2011, Plaintiff filed a complaint in this Court seeking judicial review of
Defendant’s denial of Plaintiff’s applications for a period of disability, disability insurance
benefits, and supplemental security income. [Doc. 2]. Defendant answered the complaint on
October 11, 2011. [Doc. 9]. Before the parties submitted briefs, Defendant filed the instant
motion, requesting that the Court enter a final judgment reversing the decision of the ALJ and
remanding the case back to the Commissioner under sentence four of 42 U.S.C. § 405(g).
Plaintiff has no opposition to Defendant’s request. Therefore, the Court grants Defendant’s
Motion to Remand and the Court will enter a final judgment reversing the decision of the ALJ
and remand this case back to the Commissioner pursuant to sentence four of 42 U.S.C. 405(g).
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Conclusion
Based on the above analysis, the Court finds that Defendant’s Motion to Remand should
be GRANTED.
Accordingly,
IT IS HEREBY ORDERED that Defendant’s Motion to Remand is GRANTED. [Doc.
11].
IT IS FURTHER ORDERED that a Judgment of Reversal and Remand will issue
contemporaneously herewith remanding this case to the Commissioner of Social Security for
further consideration pursuant to 42 U.S.C. 405(g), sentence 4.
IT IS FURTHER ORDERED that upon entry of the Judgment, the appeal period will
begin which determines the thirty (30) day period in which a timely application for attorney’s
fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, may be filed.

Dated this 21st day of November, 2011.

/s/ Nannette A. Baker
NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE

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