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Taylor v. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 12, 2008

TRESHA TAYLOR, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Now before the Court is Taylor's motion for remand pursuant to sentence 6 of 42 U.S.C. § 405(g) (Doc. 22). Specifically, Taylor moves the Court to remand this case so that the Social Security Administration may consider its December 23, 2007 Notice of Award in which it determined that Taylor has been disabled since October 31, 2004. (Doc. 22-2). As of this date, Defendant has not responded to the motion.*fn1 Pursuant to Local Rule 7.1(g), the Court considers the failure to respond as an admission of the merits of the motion.*fn2 Accordingly, the Court GRANTS the motion (Doc. 22). Pursuant to 42 U.S.C. § 405(g), sentence 6, the Court REMANDS this matter to the Social Security Administration for consideration of the new and material evidence. Further, the Court ORDERS the Clerk of the Court to enter judgment reflecting the same.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court


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