Nash v. Astrue

Filing 25

MEMORANDUM AND ORDER re: 24 ORDERED that pursuant to sentence four of 42 U.S.C.405(g), the decision of the Commissioner is reversed. FURTHER ORDERED that this matter is remanded to the Commissioner for further proceedings. FURTHER ORDERED that the Appeals Council shall instruct the ALJ to provide Plaintiff with the opportunity for a new hearing. The ALJ should also develop the case and evaluate new evidence received after the hearing decision, and should evaluate the severity of Plaintiff's Mental and physical impairments. A separate judgment in accordance with this Opinion, Memorandum and Order is entered this same date. cc: Bureau of Hearings and Appeals Signed by District Judge Henry E. Autrey on 2/28/13. (CEL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MICHELE NASH,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant,

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Case No. 4:11CV2191 HEA

MEMORANDUM AND ORDER
This matter is before the Court on former Commissioner Michael Astrue’s
Motion to Reverse and Remand. No opposition to the motion has been filed. For
the reasons set forth in the motion, the Court agrees that the decision of the
Administrative Law Judge should be reversed and remanded.
Accordingly,
IT IS HEREBY ORDERED that pursuant to sentence four of 42 U.S.C. §
405(g), the decision of the Commissioner is reversed.
IT IS FURTHER ORDERED that this matter is remanded to the
Commissioner for further proceedings
IT IS FURTHER ORDERED that the Appeals Council shall instruct the
ALJ to provide Plaintiff with the opportunity for a new hearing. The ALJ should

also develop the case and evaluate new evidence received after the hearing
decision, and should evaluate the severity of Plaintiff’s Mental and physical
impairments.
A separate judgment in accordance with this Opinion, Memorandum and
Order is entered this same date.
Dated this 28th day of February, 2013.

_______________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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