SLOAN v. ASTRUE, No. 1:2009cv00482 - Document 17 (D.D.C. 2009)
Court Description: MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on November 30, 2009. (lcckk2 )
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STANLEY SLOAN, Plaintiff, Civil Action No. 09-482 (CKK) v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration Defendant. MEMORANDUM OPINION (November 30, 2009) Plaintiff, Stanley Sloan, filed the above-captioned matter on March 12, 2009, seeking judicial review of a final decision by the Defendant, Michael J. Astrue, Commissioner of the Social Security Administration, denying Plaintiff s claim for Disability Insurance Benefits and Supplemental Security Income under Titles II and XVI of the Social Security Act, 42 U.S.C. § 401 et seq. Thereafter, on October 30, 2009, Plaintiff moved the Court for a judgment of reversal against the Defendant or, in the alternative, for remand to the Social Security Administration for a new administrative hearing. See Pl. s Mot. for J. of Reversal, Docket No. [14]. On November 27, 2009, Defendant responded by filing a consent motion requesting that the Court enter judgment reversing the Defendant s final decision and remanding the case for further administrative proceedings, pursuant to 42 U.S.C. § 405(g). See Def. s Motion for Entry of Judgment with Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g), Docket No. [15]. Defendant represents that Plaintiff s counsel has consented to the Defendant s motion for remand. Id. at 2. Upon consideration of the Defendant s motion, the positions of the parties as stated therein, the relevant case law and statutory provisions, and the record of this case as a whole, the Court shall GRANT Defendant s [15] Motion for Entry of Judgment with Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g). Accordingly, the Defendant s final decision is reversed, and this case is remanded to the Defendant for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Finally, given the Court s decision above granting Defendant s consent motion to remand, the Court shall DENY as MOOT Plaintiff s [14] Motion for Judgment of Reversal. An appropriate Order accompanies this Memorandum Opinion. Date: November 30, 2009 /s/ COLLEEN KOLLAR-KOTELLY United States District Judge -2-
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