WINTERS v. ASTRUE, Civil Action 11-00261-CB-B. (2012)
Court: District Court, S.D. Alabama
Number: infdco20120110552
Visitors: 17
Filed: Jan. 09, 2012
Latest Update: Jan. 09, 2012
Summary: ORDER CHARLES R. BUTLER, Jr., District Judge. After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made pursuant to 28 U.S.C. 636(b)(1)(B) and dated January 5, 2012 is hereby ADOPTED as the opinion of this Court. Accordingly, for good cause shown, it is ORDERED that Defendant's unopposed Motion to Remand pursuant to sentence four of 42 U.S.C.
Summary: ORDER CHARLES R. BUTLER, Jr., District Judge. After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made pursuant to 28 U.S.C. 636(b)(1)(B) and dated January 5, 2012 is hereby ADOPTED as the opinion of this Court. Accordingly, for good cause shown, it is ORDERED that Defendant's unopposed Motion to Remand pursuant to sentence four of 42 U.S.C. ..
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ORDER
CHARLES R. BUTLER, Jr., District Judge.
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made pursuant to 28 U.S.C. § 636(b)(1)(B) and dated January 5, 2012 is hereby ADOPTED as the opinion of this Court.
Accordingly, for good cause shown, it is ORDERED that Defendant's unopposed Motion to Remand pursuant to sentence four of 42 U.S.C. § 405(g) (Doc. 16) be and hereby is GRANTED, and that this action is REMANDED to the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) so that the Appeals Council can remand the case to an Administrative Law Judge to "reassess Plaintiff's residual functional capacity without reliance on the non-physician single decision-maker's assessment." (Doc. 19 at 1).
This remand, pursuant to sentence four of Section 405(g), makes Plaintiff a prevailing party for purposes of the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. Shalala v. Schaefer, 509 U.S. 292 (1993).
Source: Leagle
