Boles v. Astrue, No. 2:2009cv01115 - Document 13 (M.D. Ala. 2010)

Court Description: MEMORANDUM OPINION AND ORDER directing as follows: (1) the def's 9 motion to remand be and is hereby GRANTED; (2) the decision of the Commissioner be and is hereby REVERSED and this case be and is hereby REMANDED to the Commissioner pursuant t o sentence six of 42 U.S.C. § 405(g) for further proceedings; (3) directing the clerk to close this case pending a final decision by the Commissioner on remand; (4) Within 60 days of the final decision of the Comm of Soc Sec following remand, if the decision is adverse to the plf, the Comm shall file with the Clerk a motion to reopen and an answer, and shall serve on the plf a copy of the administrative record; (5) Within 60 days of the final decision of the Comm of Soc Sec following remand , if the decision is favorable to the plf, the Comm shall file with the Clerk a motion to reopen and a motion for entry of final judgment for the plf. Signed by Hon. Chief Judge Mark E. Fuller on 3/17/10. (Attachments: # 1 civil appeals checklist)(djy, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION LINDA D. BOLES, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:09cv1115-MEF (WO) MEMORANDUM OPINION AND ORDER On March 15, 2010, the defendant filed a motion to remand pursuant to sentence six of 42 U.S.C. § 405(g). See Doc. # 9. The plaintiff does not object to the sentence six remand. Accordingly, it is ORDERED as follows that: 1. The defendant s motion to remand (doc. # 9) be and is hereby GRANTED. 2. The decision of the Commissioner be and is hereby REVERSED and this case be and is hereby REMANDED to the Commissioner pursuant to sentence six of 42 U.S.C. § 405(g) for further proceedings. 3. The Clerk of the Court shall close this case pending a final decision by the Commissioner on remand. 4. Within sixty (60) days of the final decision of the Commissioner of Social Security following remand, if the decision is adverse to the plaintiff, the Commissioner shall file with the Clerk of the Court a motion to reopen and an answer, and shall serve on the plaintiff a copy of the administrative record. 5. Within sixty (60) days of the final decision of the Commissioner of Social Security following remand, if the decision is favorable to the plaintiff, the Commissioner shall file with the Clerk of the Court a motion to reopen and a motion for entry of final judgment for the plaintiff. Done this 17th day of March 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE 2