Smith v. Astrue

Filing 39

ORDER granting 38 Motion to Remand - Signed by District Judge Louise Wood Flanagan on 04/02/2012. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:11-CV-502-FL
DEBORAH SMITH,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of
Social Security,
Defendant.

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ORDER

This matter is before the Court on Plaintiff’s Motion for
Judgment on the Pleadings and Defendant’s Motion for Remand to
the Commissioner.

Plaintiff’s counsel has indicated that she

does not oppose the Government’s Motion for Remand.
Accordingly, for good cause shown, the Court hereby reverses
the Commissioner’s decision under sentence four of 42 U.S.C. §
405(g) and § 1383(c)(3) and remands the case to the Commissioner
for further proceedings.

See Shalala v. Schaefer, 509 U.S. 292

(1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991).
The Clerk of Court is directed to enter a separate judgment
pursuant to Rule 58 of the Federal Rules of Civil Procedure.
SO ORDERED this 2nd day of April, 2012.

/s/ Louise W. Flanagan
LOUISE W. FLANAGAN
UNITED STATES DISTRICT JUDGE