Mellott v. Astrue

Filing 13

MEMORANDUM AND ORDER granting 11 Commissioner's Unopposed MOTION to Remand, granting 12 Commissioner's Unopposed MOTION to Correct 11 Unopposed MOTION to Remand, and granting 7 Mellott's MOTION for Summary Judgment to the extent ent she seeks reversal and remand on the same grounds sought by Commissioner. It is further ORDERED that the case is REVERSED and REMANDED, pursuant to "sentence four" of the Social Security Act.(Signed by Magistrate Judge Calvin Botley) Parties notified.(pyebernetsky, )

Mellott v. Astrue

Doc. 13

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION MARCIA MELLOTT, Plaintiff, versus MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. § § § § § § § § § §

CIVIL ACTION NO. H-09-1406

MEMORANDUM AND ORDER Pending before the Court are Plaintiff Marcia Mellott's ("Mellott") Motion for Summary Judgment (Docket Entry No. 7) and Defendant Michael J Astrue's, Commissioner of the Social Security Administration ("Commissioner"), Unopposed Motion to Remand (Docket Entry Nos. 11 and 12). The Commissioner asserts that remand is necessary to conduct additional administrative proceedings. See Doc. #s 11, 12. Specifically, the Commissioner contends remand is necessary for an Administrative Law Judge ("ALJ") to "conduct a new hearing a issue a new decision." See id. Additionally, the parties agree that the hearing on remand shall be held in one of the Commissioner's two Houston area hearing offices--i.e., Houston-downtown or Houston-Bissonnett. See id. Finally, Plaintiff has agreed to waive any right to reimbursement of travel expenses related to attending the hearing on remand. See id. Because further administrative proceedings are required in this case, the Commissioner contends, and the Court agrees, that remand, pursuant to "sentence four" of Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), is appropriate. See id.

Dockets.Justia.com

It is, therefore, ORDERED that Mellott' s Motion for Summary Judgment (Docket Entry No. 7) is GRANTED to the extent she seeks reversal and remand on the same grounds sought by the Commissioner . It is further ORDERED that the Commissioner' s Unopposed Motion to Remand (Docket Entry Nos. 11 and 12) is GRANTED. It is further ORDERED that the case is REVERSED and REMANDED, pursuant to "sentence four" of Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to the Commissioner for a new hearing to be held in one of the Houston metropolitan area offices. It is finally ORDERED that this matter be DISMISSED from the dockets of this Court. SIGNED at Houston, Texas, on this the 9th day of October, 2009.

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