Dukes v. Astrue

Filing 19

JUDGMENT: 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. Signed by Chief Judge William H. Steele on 3/7/2012. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
VIRGINIA DUKES,

:

Plaintiff,

:

v.

:

MICHAEL J. ASTRUE,
Commissioner of Social Security,

:

Defendant.

CA 2:11-00589-WS-C

:
JUDGMENT

In accordance with the 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 (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 7th day of March, 2012.

s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE