Pack v. Astrue

Filing 16

JUDGMENT in favor of William A Pack against Michael J. Astrue pursuant to Sentence Four of 42 U.S.C. § 405. Signed by District Judge Max O. Cogburn, Jr on 3/17/2011. (tmg)

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-DSC Pack v. Astrue Doc. 16 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:10cv328 WILLIAM A. PACK, Plaintiff, Vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. _______________________________ ) ) ) ) ) ) ) ) ) ) ) JUDGMENT THIS MATTER having come before the court on the plaintiff's Motion for Summary Judgment (#9) and defendant's Motion for Judgment on the Pleadings (#13), and the Memorandum and Recommendation (#14) of Honorable David S. Cayer, United States Magistrate Judge, regarding the disposition of those motions, as discussed in the Order filed simultaneously herewith, IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that (1) Judge Cayer's recommendation that the Commissioner's Motion for Judgment on the Pleadings be denied and that the plaintiff's Motion for Summary Judgment be allowed is ACCEPTED, the Commissioner's Motion for Judgment on the Pleadings (#13) is DENIED, and plaintiff's Motion for Summary Judgment (#9) is GRANTED; and Dockets.Justia.com (2) JUDGMENT is entered pursuant to Sentence Four of 42 U.S.C. § 405, providing that the decision of the Commissioner is respectfully REVERSED, and this case is hereby REMANDED to the Commissioner for a new hearing consistent with this Judgment, the underlying Order, and Judge Cayer's M emorandum and Recommendation. Signed: March 17, 2011 2

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