Tunink v. Astrue

Filing 20

JUDGMENT ent. 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) 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, and terminates this Court's jurisdiction over this matter. Signed by Magistrate Judge William E. Cassady on 12/27/2011. (mjn)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

ANGELA R. TUNINK,

:

Plaintiff,

:

vs.

:

MICHAEL J. ASTRUE,
Commissioner of Social Security,

CA 11-0306-C

:
:

Defendant.
JUDGMENT
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 this the 27th day of December, 2011.
s/WILLIAM E. CASSADY
UNITED STATES MAGISTRATE JUDGE