Hunter v. Astrue

Filing 20

JUDGMENT entered in accordance with the memorandum opinion and order entered on this date. Signed by Magistrate Judge William E. Cassady on 3/25/2013. (eec)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION ROBIN HUNTER, : Plaintiff, : v. : CAROLYN W. COLVIN, Acting Commissioner of Social Security,1 : Defendant. CA 2:12-00077-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 the claimant 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 the 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 25th day of March, 2013. s/WILLIAM E. CASSADY UNITED STATES MAGISTRATE JUDGE 1 Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013. Pursuant to Rule 25(d), Federal Rules of Civil Procedure, Colvin is substituted for Michael J. Astrue as the proper defendant in this case.

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