McMillian v. Astrue
JUDGMENT entered in accordance with the memorandum opinion and order entered on this date. Signed by Magistrate Judge William E. Cassady on 10/4/2012. (eec)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
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 this the 4th day of October, 2012.
s/WILLIAM E. CASSADY
UNITED STATES MAGISTRATE JUDGE
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