Coates v. Astrue

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATION. Dft's 16 Unopposed MOTION & Memorandum for Entry of Judgment Pursuant to Sentence Four of 42 U.S.C. Sec. 405(g) w/Remand is GRANTED, & this action is REMANDED to the SSA as set out. This remand makes Plf a prevailing party for purposes of the EAJA. Signed by Chief Judge Callie V. S. Granade on 9/29/08. (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION GERALDINE C. COATES, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. * * * * * Civil Action 08-0091-CG-B * * * * * * ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made pursuant to 28 U.S.C. § 636(b)(1)(B) and dated September 4, 2008 is hereby ADOPTED as the opinion of this Court. Accordingly, for good cause shown, it is ORDERED that Defendant's unopposed Motion and Memorandum for Entry of Judgment Pursuant to Sentence Four of 42 U.S.C. § 405(g) with Remand of the Cause to the Defendant (Doc. 16) be and hereby is GRANTED, and that this action is REMANDED to the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) so that the Appeals Council will ". . . vacate the October 25, 2005 administrative decision and remand the matter to an Administrative Law Judge with instructions to fully evaluate Plaintiff's credibility in accordance with the Commissioner's regulations and Social Security Ruling(SSR) 96-7p." (Id. at 1). This remand, pursuant to sentence four of Section 405(g), makes Plaintiff a prevailing

party for purposes of the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. Shalala v. Schaefer, 509 U.S. 292 (1993). DONE and ORDERED this 29th day of September 2008.

/s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE