Holtzclaw v. Astrue, No. 1:2010cv00199 - Document 26 (W.D.N.C. 2012)
Court Description: MEMORANDUM OF DECISION AND ORDER denying 20 Deft's Motion for Reconsideration re 17 Memorandum of Decision and Order, 18 Judgment. Signed by District Judge Martin Reidinger on 4/24/12. (ejb)
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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:10cv199 SHERRY L. HOLTSCLAW, ) ) Plaintiff, ) ) vs. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) Defendant. ) _______________________________ ) MEMORANDUM OF DECISION AND ORDER THIS MATTER is before the Court on the Defendant s Motion for Reconsideration [Doc. 20]. On December 30, 2011, the Court entered an Order reversing the decision of the Commissioner and remanding this case for the immediate award of benefits, and a Judgment was entered to that effect. [Docs. 17, 18]. The Defendant now moves pursuant to Rule 59(e) of the Federal Rules of Civil Procedure for reconsideration of the Court s Order. [Doc. 20]. The Plaintiff opposes the Defendant s Motion. [Doc. 22]. Upon careful review of the Defendant s Motion, and the Plaintiff s opposition thereto, the Court remains convinced that the ALJ s decision denying the Plaintiff benefits is not supported by substantial evidence and that a remand for an immediate award of benefits is appropriate. Accordingly, IT IS, THEREFORE, ORDERED that the Government s Motion for Reconsideration [Doc. 21] is DENIED. IT IS SO ORDERED. Signed: April 24, 2012 2
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