Miner v. Astrue

Filing 24

MEMORANDUM AND ORDER - The Defendant's motion to remand (Filing No. 22 ) 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 Chief Judge Laurie Smith Camp. (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

DARIN P. MINER,
Plaintiff,
vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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CASE NO. 4:11CV3142

MEMORANDUM AND ORDER

This matter is before the Court on the Defendant’s unopposed motion to remand
(Filing No. 22).
The Commissioner requests an order reversing and remanding this case to the
Appeals 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 remand
the case to the Administrative Law Judge (“ALJ”) for further development of the
administrative record. Specifically, the ALJ must determine, with the assistance of medical
expert testimony, whether Plaintiff's impairments meet or medically equal a listed
impairment.
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. 22) is granted;

2.

The decision of the Appeals Council is reversed;

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 21st day of February, 2012.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge