Flowers v. Astrue (MAG+), No. 1:2008cv00487 - Document 17 (M.D. Ala. 2009)

Court Description: OPINION AND ORDER granting 16 MOTION to Remand; further ORDERED AND ADJUDGED that the decision of the Commissioner be and is hereby REVERSED and this case be and is hereby REMANDED to the Commissioner for further proceedings. Signed by Hon. Chief Judge Mark E. Fuller on 1/29/2009. Copy mailed to SSA Chief Judge and SSA Office of Hearings and Appeals.(wcl, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION ROSALINE D. FLOWERS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:08cv487-MEF OPINION and ORDER On January 26, 2009, the defendant filed a motion to remand for further proceedings pursuant to sentence four of 42 U.S.C. ยง 405(g). See Doc. # 16. The plaintiff does not object to a remand. Accordingly, it is ORDERED that the defendant s motion to remand (doc. # 16) be and is hereby GRANTED. It is further ORDERED AND ADJUDGED that the decision of the Commissioner be and is hereby REVERSED and this case be and is hereby REMANDED to the Commissioner for further proceedings. Done this the 29 th day of January, 2009. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE