Miller v. Astrue, No. 5:2008cv01182 - Document 24 (S.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION: granting Defendant' s 23 MOTION to Remand To Commissioner of Social Security; remanding this case to the Commissioner of Social Security for further proceedings before an Administrative Law Judge pursuant to the provisions of sentence four of 42 USC Section 405(g). Signed by Magistrate Judge R. Clarke VanDervort on 6/4/2009. (cc: attys; any unrepresented party) (slr)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION ALEX I. MILLER, ) Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) CIVIL ACTION NO. 5:08-01182 MEMORANDUM OPINION The Defendant, Michael J. Astrue, Commissioner of the Social Security Administration, by counsel, Kelly R. Curry, Assistant United States Attorney for the Southern District of West Virginia, has moved the Court to remand this case to the Commissioner pursuant to the provisions of sentence four of 42 U.S.C. § 405(g) for further administrative action. (Document No. 23.) The Defendant asserts that [o]n remand, the Administrative Law Judge (ALJ) will clarify the Plaintiff s ability to reach in Plaintiff s residual functional capacity. In addition, the ALJ will obtain supplemental testimony from a vocational expert (VE) to identify jobs within Plaintiff s residual functional capacity and ask the VE whether there are any conflicts with the Dictionary of Occupational Titles as required by Social Security Ruling 00-4p. (Id. at 1.) Both parties have consented to disposition by the United States Magistrate Judge. (Document Nos. 4 and 5.) Accordingly, there being good cause for the Defendant s Motion for Remand and there being no objection, it is hereby ORDERED that the Defendant s Motion for Remand (Document No. 23.) is GRANTED. This case is REMANDED to the Commissioner of Social Security for further proceedings before an Administrative Law Judge as specified by the Commissioner in his Motion for Remand pursuant to the provisions of sentence four of 42 U.S.C. § 405(g). The Clerk is directed to send a copy of this Memorandum Opinion to counsel of record. ENTER: June 4, 2009. R. Clarke VanDervort United States Magistrate Judge

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.