Smith v. Astrue

Filing 17

JUDGMENT. Signed by District Judge Martin Reidinger on 11/4/2011. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:09cv471

TAMMY A. SMITH,

)
)
Plaintiff,
)
)
vs.
)
)
MICHAEL J. ASTRUE,
)
Commissioner of Social Security,
)
)
Defendant.
)
_______________________________ )
JUDGMENT
For the reasons set forth in the Memorandum and Order filed herewith,
Accordingly, IT IS, THEREFORE, ORDERED that the Plaintiff's Motion
for Summary Judgment [Doc. 7] is GRANTED to the extent that the Plaintiff
seeks reversal of the Commissioner's decision denying her disability benefits.
To any extent that the Plaintiff seeks an immediate award of benefits, the
Plaintiff's Motion [Doc. 7] is DENIED.
IT IS FURTHER ORDERED that the Defendant's Motion for Judgment
on the Pleadings [Doc. 13] is DENIED.
Pursuant to the power of this Court to enter a judgment affirming,
modifying or reversing the decision of the Commissioner under Sentence Four

of 42 U.S.C. § 405(g), the decision of the Commissioner is REVERSED, and
this case is hereby REMANDED to the Commissioner for further
administrative action consistent herewith.
IT IS SO ORDERED.

Signed: November 4, 2011

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