Frank v. Astrue
JUDGMENT entered in accordance with the memorandum opinion and order entered on this date. Signed by Magistrate Judge William E. Cassady on 12/8/2011. (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 the 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 (1991), for further proceedings not inconsistent 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
(1993), and terminates this Court’s jurisdiction over this matter.
DONE this the 8th day of December, 2011.
s/WILLIAM E. CASSADY
UNITED STATES MAGISTRATE JUDGE
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