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, )