Allen v. Austrue, No. 1:2008cv01427 - Document 11 (S.D. Miss. 2009)
Court Description: ORDER Reversing Decision and granting 9 Motion to Remand Case Under Sentence Four of 42 U.S.C. Sec. 405(g). Signed by Magistrate Judge Robert H. Walker on 6/2/09. Cleared CJRA-A Flag. (RLW)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION William H. Allen, Jr., Plaintiff, vs. Michael J. Astrue, Commissioner of Social Security, Defendant. § § § § § § § § § § Civil Action No.: 1:08cv1427-LG-RHW Order Reversing Decision and Remanding Case Under Sentence Four of 42 U.S.C. § 405(g) By virtue of this Court s power to enter an order and judgment affirming, modifying, or reversing the Commissioner s decision with a remand in Social Security actions under sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), the Commissioner s unopposed request to remand this matter for further administrative proceedings is hereby allowed and granted. The Court further orders that upon remand this matter will be returned to the administrative law judge (ALJ) with instructions that she address the inconsistencies between her April 18, 2008, hearing decision and the Commissioner s subsequent determination finding plaintiff to be disabled. Accordingly, this Court hereby reverses the Commissioner s decision under sentence four of 42 U.S.C. § 405(g) and remands this matter to the Commissioner for further proceedings as set out above. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). So ordered on this, the 2nd day of June, 2009. s/ UNITED STATES MAGISTRATE JUDGE
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