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Jeffery Riddle v. Michael J. Astrue

September 2, 2011

JEFFERY RIDDLE
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY



The opinion of the court was delivered by: J. William Ditter, Jr., Sr. J

ORDER

AND NOW, this 1st day of September, 2011, upon consideration of the brief in support of request for review filed by plaintiff (Doc. No. 14), defendant's response and plaintiff's reply thereto (Doc. Nos. 15 & 16) and having found after careful and independent consideration of the record that the ALJ made a legal error, it is concluded that the action must be remanded to the Commissioner under sentence four of 42 U.S.C. § 405(g). Therefore, for the reasons set forth in the memorandum above, I hereby ORDER that:

1. JUDGMENT IS ENTERED IN FAVOR OF THE PLAINTIFF, REVERSING THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY for the purposes of this remand only and the relief sought by Plaintiff is GRANTED to the extent that the matter is REMANDED for further proceedings consistent with this adjudication; and

2. The Clerk of Court is hereby directed to mark this case closed.

J. Willliam Ditter, Jr.

20110902

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