Mcelwrath v. Astrue

Filing 15

MEMORANDUM AND ORDER re: 14 MOTION to Remand Case to Social Security Administration filed by Defendant Michael J. Astrue motion is GRANTED.IT IS FURTHER ORDER that the decision of the Commissioner is reversed and this cause is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g), for further consideration of plaintiff's claims. Signed by Magistrate Judge Frederick R. Buckles on 10/23/12. (MRS)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION STEVEN MCELWRATH, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) No. 1:12CV114 FRB MEMORANDUM AND ORDER This cause is on appeal from an adverse ruling of the Social Security Administration. Presently pending before the Court is defendant's Motion to Reverse and Remand (Doc. #14). All matters are pending before the undersigned United States Magistrate Judge, with consent of the parties, pursuant to 28 U.S.C. § 636(c). Defendant answered plaintiff's Complaint in this cause on September 17, 2012. In the instant Motion to Reverse and Remand, defendant that requests the matter be remanded for further consideration of plaintiff’s claims. Specifically, defendant avers that, upon remand, the Appeals Council will direct an Administrative Law Judge (ALJ) to reevaluate plaintiff’s residual functional capacity and to provide more specific limitations to account for plaintiff’s severe mental impairments. further avers vocational that expert the ALJ testimony will also addressing - 1 - be directed plaintiff’s Defendant to obtain mental and visual impairments. The defendant therefore requests that the matter be remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further consideration of plaintiff’s claims. Plaintiff has not responded or otherwise objected to defendant’s motion, and the time for doing so has passed. A review of the defendant’s Motion to Reverse and Remand shows it to be well taken. See, e.g., Buckner v. Apfel, 213 F.3d 1006, 1009-11 (8th Cir. 2000). Accordingly, IT IS HEREBY ORDER that defendant's Motion to Reverse and Remand (Doc. #14) is granted. IT IS FURTHER ORDER that the decision of the Commissioner is reversed and this cause is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g), for further consideration of plaintiff's claims. Judgment shall be entered accordingly. UNITED STATES MAGISTRATE JUDGE Dated this 23rd day of October, 2012. - 2 -

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?