McCarty v. Astrue
JUDGMENT entered accordance with the memorandum opinion and order entered on this date. Signed by Magistrate Judge William E. Cassady on 3/28/2013. (eec)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,1
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 28th day of March, 2013.
s/WILLIAM E. CASSADY
UNITED STATES MAGISTRATE JUDGE
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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