Jones v. Colvin

Filing 12

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS re 10 MOTION to Remand to Agency to Social Security Administration filed by Carolyn W. Colvin. The motion to remand is GRANTED, reversing and remanding this cause to the Commissioner for further administrative proceedings.. Signed by Judge Kristi K. DuBose on 4/17/2015. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JANICE B. JONES,
Plaintiff,

:
:
:
v.
:
:
CAROLYN W. COLVIN, Commissioner of :
Social Security,
:
Defendant.
:

CIVIL ACTION 14-00469-KD-B

ORDER
After due and proper consideration of the issues raised, and there having been no
objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C.
§ 636(b)(l)(B) and dated April 1, 2015, is ADOPTED as the opinion of this Court. Accordingly,
it is ORDERED that Defendant’s unopposed Motion to Remand (Doc. 10) is GRANTED, and
that the decision of the Commissioner of Social Security denying Plaintiff benefits is
REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g), Melkonyan v.
Sullivan, 501 U.S. 89 (1991), for further administrative proceedings.
The remand pursuant to sentence four of Section 405(g) makes 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 (1993), and terminates this Court’s jurisdiction over this matter.
DONE and ORDERED this the 17th day of April 2015.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE