Harris v. Astrue, No. 1:2011cv00129 - Document 23 (S.D. Ala. 2011)

Court Description: MEMORANDUM OPINION AND ORDER entered. It is ORDERED, without objection from Plaintiff, that Defendant's 19 Motion to Remand be GRANTED and that this action be REVERSED and REMANDED to the Social Security Admin. for further administrative proceedings, as further set out. Signed by Magistrate Judge Bert W. Milling, Jr on 8/19/2011. (clr)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JANICE HARRIS, : Plaintiff, : vs. : CIVIL ACTION 11-0129-M MICHAEL J. ASTRUE, Acting Commissioner of Social Security, Defendant. : : : MEMORANDUM OPINION AND ORDER In this action under 42 U.S.C. § 405(g), Plaintiff seeks judicial review of an adverse social security ruling which denied a claim for Supplemental Security Income (Docs. 1, 14). The parties filed written consent and this action has been referred to the undersigned Magistrate Judge to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73 (see Doc. 22). Defendant has filed a Motion for Entry of Judgment With Order of Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) (Doc. 19). Defendant has stated that Plaintiff s attorney has no objection to the motion (Doc. 19, pp. 1-2). Defendant states the following: Upon remand by the Court, the Commissioner will direct an Administrative Law Judge to 1 further evaluate all of Plaintiff s impairments and Plaintiff s residual functional capacity, providing appropriate rationale in support of the assessed limitations, including specific references to evidence of record. (Doc. 20, p. 1). This is a tacit admission that Plaintiff's application was not appropriately considered and that this action should be reversed. Without reviewing the substantive evidence of record, this Court accepts Defendant's acknowledgment of error. It appears to the Court that the decision of the Secretary should be reversed and remanded. Such remand comes under sentence four of 42 U.S.C. § 405(g). 501 U.S. 89 (1991). See Melkonyan v. Sullivan, For further procedures not inconsistent with this report, see Shalala v. Schaefer, 509 U.S. 292 (1993). Therefore, it is ORDERED, without objection from Plaintiff, that Defendant s Motion to Remand under sentence four be GRANTED (Doc. 19) and that this action be REVERSED and REMANDED to the Social Security Administration for further administrative proceedings not inconsistent with the orders of this Court. Judgment will be entered by separate order. DONE this 19th day of August, 2011. s/BERT W. MILLING, JR. UNITED STATES MAGISTRATE JUDGE 2

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