Smith v. Astrue
JUDGMENT. Signed by District Judge Martin Reidinger on 11/4/2011. (thh)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL CASE NO. 1:09cv471
TAMMY A. SMITH,
MICHAEL J. ASTRUE,
Commissioner of Social Security,
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?