Padgett v. Astrue

Filing 35

ORDER granting 34 Motion to Remand - Signed by District Judge Terrence W. Boyle on 11/20/2011. (Baker, C.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No.7: 1O-CV-248-BO RODGER D. PADGETT, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER Pursuant to the power of this Court to enter a judgment affirming, modifying or reversing the Commissioner's decision with remand in Social Security actions under sentence four of section 205(g) of the Social Security Act, 42 U.S.c. §405(g), and upon consideration of the Commissioner's unopposed request to remand this cause for further administrative proceedings, the Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. §405(g), and remands the case to the Commissioner for further administrative proceedings with respect to Plaintiffs claim of disability. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). SO ORDERED this ~ day of )'J~ ,2011. r~LJ. mDGE TERRENCE W. BOYLE UNITED STATES DISTRICT JUDGE .. __ . __. __ .-­ . _ ~ ; ; } - - - -

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