Dotson v. Astrue

Filing 22

JUDGMENT that the decision of the Commissioner of Social Security denying claimant benefits be reversed & remanded to the Commissioner as set out. The remand pursuant to sentence four of Section 405(g) makes Plf a prevailing party for purposes of EAJA & terminates this Court's jurisdiction over this matter. Signed by Chief Judge Callie V. S. Granade on 11/18/08. (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MATTIE T. DOTSON, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. : : : CIVIL ACTION 08-0095-CG-M : : : JUDGMENT In accordance with the order entered on this date, it is hereby ORDERED, ADJUDGED and DECREED that the decision of the Commissioner of Social Security denying claimant benefits be reversed and remanded to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), see Melkonyan v. Sullivan, 501 U.S. 89, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991), for further proceedings not inconsistent with this decision. The remand pursuant to sentence four of Section 405(g) makes the plaintiff a prevailing party for purposes of the Equal Access to Justice Act, 28 U.S.C. § 2412, Shalala v. Schaefer, 509 U.S. 292, 112 S.Ct. 2625, 125 L.Ed.2d 239 (1993), and terminates this Court's jurisdiction over this matter DONE and ORDERED this 18th day of November, 2008. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE