Cheryl A. Coleman v. Michael J. Astrue

Filing 22

MEMORANDUM AND ORDER granting 20 Motion to Reverse and Remand. The final decision of the Commissioner is reversed, and this matter is remanded pursuant to sentence four of section 205(g), 42 U.S.C. § 405(g)1, for a de novo hearing before an A dministrative Law Judge. The Administrative Law Judge shall conduct a de novo hearing and issue a new decision. Plaintiff shall be afforded the opportunity to appear and present new evidence at the hearing. Judgment will be entered separately pursuant to Fed. R. Civ. P. 56. Ordered by Magistrate Judge F. A. Gossett. (JAE) .

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA CHERYL A. COLEMAN, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) )

4:08CV3198 MEMORANDUM AND ORDER

Defendant has filed a Motion to Reverse and Remand (Doc. 20) because the record is incomplete, precluding proper judicial review. The motion is unopposed. IT IS ORDERED that defendant's Motion (Doc. 20) is granted, as follows: 1. The final decision of the Commissioner is reversed, and this matter is remanded pursuant to sentence four of section 205(g), 42 U.S.C. § 405(g)1, for a de novo hearing before an Administrative Law Judge. The Administrative Law Judge shall conduct a de novo hearing and issue a new decision. Plaintiff shall be afforded the opportunity to appear and present new evidence at the hearing. 2. Judgment will be entered separately pursuant to Fed. R. Civ. P. 56. DATED May 29, 2009. BY THE COURT: s/ F.A. Gossett United States Magistrate Judge

Sentence four of 42 U.S.C. § 405(g) provides: "The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing."

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