Durham v. Colvin

Filing 15

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants Motion to Reverse and Remand with Suggestions in Support is GRANTED. [Doc. 13.]IT IS FURTHER ORDERED that the Court will reverse and remand this case to theCommissioner pursuant to sentence six of 42 U.S.C. § 405(g).A Judgment will be entered in a separate document. 13 Signed by Magistrate Judge Nannette A. Baker on 11/3/14. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JOSEPH DURHAM,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No. 4:14-CV-1466 NAB

MEMORANDUM AND ORDER
This matter is before the Court on Defendant’s Motion to Reverse and Remand with
Suggestions in Support. [Doc. 13.] Plaintiff filed a response advising the Court that he had no
objection to Defendant’s motion. [Doc. 14.] The parties have consented to the jurisdiction of
the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c)(1). [Doc. 10.]
In the motion requesting reversal and remand, Defendant requests that the Court remand
this case to the Commissioner pursuant to sentence six of 42 U.S.C. § 405(g). In support of her
motion, Defendant states that Plaintiff has submitted additional material evidence to Defendant,
which pertains to the relevant time period in this action and Plaintiff has good cause for omission
of the evidence from the record. Further, Defendant states that upon remand, the Appeals
Council will remand the case to an administrative law judge for further evaluation of the
additional medical evidence submitted on appeal. Based on the foregoing, the Court will grant
Defendant’s Motion to Reverse and Remand with Suggestions in Support.

Accordingly,
IT IS HEREBY ORDERED that Defendant’s Motion to Reverse and Remand with
Suggestions in Support is GRANTED. [Doc. 13.]
IT IS FURTHER ORDERED that the Court will reverse and remand this case to the
Commissioner pursuant to sentence six of 42 U.S.C. § 405(g).
A Judgment will be entered in a separate document.
Dated this 3rd day of November, 2014.

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

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