Ballard v. Commissioner of the Social Security Administration

Filing 26

ORDER granting 25 Motion to Remand, reversing the Commissioners decision under sentence four, 42 U.S.C. § 405(g), and remanding the case to the Commissioner for further administrative proceedings. Signed by Honorable Cameron McGowan Currie on December 23, 2009.(cwil, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Herbert Ballard, ) ) Plaintiff, ) ) v. ) ) Michael J. Astrue, ) Commissioner of Social Security, ) ) Defendant. ) ____________________________________) C/A No. 0:08-4150-CMC-PJG ORDER

This matter is before the court on Defendant's unopposed motion for entry of judgment reversing and remanding, pursuant to sentence four of the Social Security Act, 42 U.S.C. § 405(g). Dkt. No. 25. In light of the consent of both parties, see Dkt. No. 25-1 at 1, the court grants this motion. The court hereby reverses the Commissioner's decision under sentence four, 42 U.S.C. § 405(g), and remands the case to the Commissioner for further administrative proceedings in accordance with the Commissioner's unopposed motion. See Shalala v. Schaefer, 509 U.S. 292, 296-301 & n.1 (1993). IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina December 23, 2009