Pickens v. Astrue

Filing 16

ORDER granting 15 Defendant's Motion for Reversal and Remand to Social Security Administration. Signed by District Judge Martin Reidinger on 12/08/2011. (thh)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:11cv86 BRANDON MICHAEL PICKENS, ) ) Plaintiff, ) ) vs. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) Defendant. ) _______________________________ ) ORDER OF REMAND THIS MATTER is before the Court on the Defendant’s motion pursuant to sentence four of 42 U.S.C. § 405(g) to remand this cause for a new hearing and decision. [Doc. 15]. Sentence four of 42 U.S.C. §405(g) provides in pertinent part, "[t]he court shall have the power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing." The Defendant moves for reversal of his decision and for a remand for further administrative proceedings. The Plaintiff consents to the Defendant’s motion. Based on the representations of the parties, the Court finds that reversal and remand are appropriate. Melkonyan v. Sullivan, 501 U.S. 89, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991). IT IS, THEREFORE, ORDERED that the Defendant’s motion for reversal and remand pursuant to sentence four of 42 U.S.C. §405(g) [Doc. 15] is hereby GRANTED. IT IS FURTHER ORDERED that the decision of the Commissioner of Social Security is hereby REVERSED and the case is REMANDED. IT IS FURTHER ORDERED that upon remand the Appeals Council will assign the case to a different administrative law judge who will obtain new vocational and medical expert testimony. A Judgment of Remand is entered simultaneously herewith. The Clerk of Court is notified that this is a final judgment closing the case. IT IS SO ORDERED. Signed: December 8, 2011 2

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