Thurmond v. Astrue, No. 1:2011cv00134 - Document 13 (E.D. Mo. 2011)

Court Description: MEMORANDUM OPINION re: 11 MOTION to Remand Case to Social Security Administration filed by Defendant Michael J. Astrue; motion is GRANTED. IT IS FURTHER ORDERED that a Judgment of Reversal and Remand will issue contemporaneously herewith remanding this case to the Commissioner of Social Security for further consideration pursuant to 42 U.S.C. 405(g), sentence 4.IT IS FURTHER ORDERED that upon entry of the Judgment, the appeal period will begin which determines the thirty (30) day period in which a timely application for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, may be filed. Signed by Magistrate Judge Nannette A Baker on 11/21/11. (CSG)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHERN DIVISION LAURA THURMOND, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 1:11-CV-00134-NAB MEMORANDUM OPINION ON DEFENDANT S MOTION TO REMAND Presently before the Court is a Motion to Remand this action back to the Social Security Administration filed by Michael J. Astrue ( Defendant ). [Doc. 11]. Laura Thurmond ( Plaintiff ) filed a response and has no objection to the motion. Having fully considered the arguments set forth by Defendant, the Court grants the Motion to Remand. Discussion On July 26, 2011, Plaintiff filed a complaint in this Court seeking judicial review of Defendant s denial of Plaintiff s applications for a period of disability, disability insurance benefits, and supplemental security income. [Doc. 2]. Defendant answered the complaint on October 11, 2011. [Doc. 9]. Before the parties submitted briefs, Defendant filed the instant motion, requesting that the Court enter a final judgment reversing the decision of the ALJ and remanding the case back to the Commissioner under sentence four of 42 U.S.C. § 405(g). Plaintiff has no opposition to Defendant s request. Therefore, the Court grants Defendant s Motion to Remand and the Court will enter a final judgment reversing the decision of the ALJ and remand this case back to the Commissioner pursuant to sentence four of 42 U.S.C. 405(g). 1 Conclusion Based on the above analysis, the Court finds that Defendant s Motion to Remand should be GRANTED. Accordingly, IT IS HEREBY ORDERED that Defendant s Motion to Remand is GRANTED. [Doc. 11]. IT IS FURTHER ORDERED that a Judgment of Reversal and Remand will issue contemporaneously herewith remanding this case to the Commissioner of Social Security for further consideration pursuant to 42 U.S.C. 405(g), sentence 4. IT IS FURTHER ORDERED that upon entry of the Judgment, the appeal period will begin which determines the thirty (30) day period in which a timely application for attorney s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, may be filed. Dated this 21st day of November, 2011. /s/ Nannette A. Baker NANNETTE A. BAKER UNITED STATES MAGISTRATE JUDGE 2