Duhl v. Commissioner of Social Security Administration

Filing 18

JUDGMENT in favor of David K. Duhl against Commissioner of Social Security Administration and remanded to the Commissioner to conduct a new hearing. Signed by Magistrate Judge Dennis Howell on December 28, 2008. (jhg)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA BRYSON CITY DIVISION 2:08cv4 DAVID KEITH DUHL, Plaintiff, Vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ______________________________ ) ) ) ) ) ) ) ) ) ) )

JUDGMENT

THIS MATTER having come before the court on plaintiff's Motion for Summary Judgment and the Commissioner's Motion for Summary Judgment, and the court having determined that summary judgment should be granted for plaintiff and denied as to the Commissioner,

IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that plaintiff's Motion for Summary Judgment (#11) is GRANTED, the Commissioner's Motion for Summary Judgment (#15) is DENIED, and this matter is REMANDED to the Commissioner for purposes of conducting a new hearing pursuant to the fourth sentence of 42, United States Code, Section 405(g), in a manner not inconsistent with the Memorandum of Decision filed simultaneously herewith.

Signed: December 28, 2008

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