Carstarphen v. Astrue
JUDGMENT that the decision of the Commissioner of Social Security denying Plf benefits be reversed & remanded as set out. The remand pursuant to sentence four of sec. 2412 makes Plf a prevailing party for purposes of EAJA & terminates this Court's jurisdiction over this matter as set out. Signed by Judge Callie V. S. Granade on 4/11/2011. (tot)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
ANGELA CARSTARPHEN, o/b/o
MICHAEL J. ASTRUE,
Commissioner of Social Security,
In accordance with the memorandum opinion and order entered on this date, it is hereby
ORDERED, ADJUDGED, and DECREED that the decision of the Commissioner of Social
Security denying plaintiff benefits be reversed and remanded 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 § 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 11th day of April, 2011.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE
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