v. Astrue

Filing 20

MEMORANDUM AND ORDER - The Defendant's motion to remand (Filing No. 17 ) is granted. The decision of the Appeals Council is reversed. This action is remanded to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this Memorandum and Order. Judgment will be entered in a separate document. Ordered by Judge Laurie Smith Camp. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

JON MUNFORD,
Plaintiff,
vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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4:10CV3190

MEMORANDUM AND ORDER

This matter is before the Court on the Defendant’s motion to reverse and remand
(Filing No. 17). The Plaintiff has no objection to the remand (Filing No. 19).
The Commissioner requests an order and final judgment reversing the decision of
the Appeals Council (“Council”)1 and remanding this case to the Council under sentence
four of Section 205(g), 42 U.S.C. § 405(g). Counsel for the Commissioner argues that the
remand is appropriate under the recent decision in Petersen v. Astrue, 633 F.3d 633 (8th
Cir. 2011). On remand, the Council should issue a fully favorable decision concluding that
the Windfall Elimination Provision does not apply to the claim of the Plaintiff, Jon Munford.
The Court acknowledges that the accompanying final judgment begins the appeal
period that determines the 30-day period during which a timely application for attorney fees
may be submitted under the Equal Access to Justice Act.
IT IS ORDERED:
1.

The Defendant’s motion to remand (Filing No. 17) is granted;

2.

The decision of the Appeals Council is reversed;

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The Council reversed the ALJ's decision.

3.

This action is remanded to the Commissioner under 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 2nd day of June, 2011.
BY THE COURT:

s/Laurie Smith Camp
United States District Judge