Hamilton v. Astrue

Filing 14

JUDGMENT Remanding this action pursuant to sentence four of 42:405(g). Signed by Senior Judge Charles R. Butler, Jr on 5/26/09. (adk)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION IVY G. HAMILTON, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, 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 26th day of May, 2009. : : : : : CA 08-0703-CB-C

s/Charles R. Butler, Jr. Senior United States District Judge