Peterson v. Astrue

Filing 19

JUDGMENT the decision of the Commissioner is REVERSED and this case is hereby REMANDED for further administrative proceedings. Signed by District Judge Martin Reidinger on 2/28/13. (nll)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00052-MR

BROOKE Y. PETERSON,

)
)
Plaintiff,
)
)
vs.
)
)
)
MICHAEL J. ASTRUE,
)
Commissioner of Social Security,
)
)
Defendant.
)
_______________________________ )

JUDGMENT

For the reasons set forth in the Memorandum of Decision and Order
filed herewith,
IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that
the Defendant’s Motion for Summary Judgment is DENIED, and the
Plaintiff’s Motion for Judgment on the Pleadings is GRANTED to the extent
that the Plaintiff seeks reversal of the Commissioner’s decision denying her
disability benefits.

To the extent that the Plaintiff seeks an immediate

award of benefits, the Plaintiff’s Motion 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 for further administrative
proceedings.
Signed: February 28, 2013

2