Mitchell v. Astrue

Filing 24

MEMORANDUM AND ORDER - The Defendant's motion to remand 23 is granted; The decision of the ALJ is reversed; This action is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this Memorandum and Order; and Judgment will be entered in a separate document. Ordered by Judge Laurie Smith Camp. (KBJ)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

GLEN O. MITCHELL, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

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4:08CV3230

MEMORANDUM AND ORDER

This matter is before the Court on the Defendant's motion to reverse and remand (Filing No. 23). The Commissioner requests an order and final judgment reversing the decision of the Administrative Law Judge ("ALJ") and remanding this case to the ALJ under sentence four of Section 205(g), 42 U.S.C. § 405(g). Counsel for the Commissioner represented that, upon agency counsel's request, the Appeals Council reconsidered the case and determined that a remand was appropriate. Remand under sentence four of section 405(g) is requested to allow the ALJ the opportunity to reevaluate "the evidence regarding the Plaintiff's handling and fingering abilities and then incorporate into the RFC assessment any credible handling and fingering limitations." (Filing No. 23.) It will then be necessary to hear supplemental vocational expert testimony based on the reconsidered RFC assessment. (Filing No. 23.) IT IS ORDERED: 1. 2. The Defendant's motion to remand (Filing No. 23) is granted; The decision of the ALJ is reversed;

3.

This action is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this Memorandum and Order; and

4.

Judgment will be entered in a separate document.

DATED this 21st day of May, 2009. BY THE COURT: S/Laurie Smith Camp United States District Judge