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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
STEVEN MCELWRATH,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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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
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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.

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