Washam v. Colvin

Filing 16

JUDGMENT entered in accordance with the memorandum opinion and order entered on this date. Signed by Magistrate Judge William E. Cassady on 7/12/2017. (eec)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
KERRY A. WASHAM,

:

Plaintiff,

:

vs.

:

NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,1

:
:
:

Defendant.

CA 16-00221-C

:
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 consistent with this decision. The remand pursuant to sentence four of
§ 405(g) makes plaintiff a prevailing party for purposes of the Equal Access to
Justice Act, 28 U.S.C. § 2412, see 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.
.
Nancy A Berryhill became the Acting Commissioner of Social Security on January 23,
2017. Pursuant to Rule 25(d), Fed. R. Civ. P., Berryhill is substituted for Carolyn W. Covin
as the proper defendant in this case.

1

DONE this the 12th day of July 2017.
s/WILLIAM E. CASSADY
UNITED STATES MAGISTRATE JUDGE