Woods v. Astrue

Filing 17

ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS re 14 Unopposed MOTION to Remand to Agency to Social Security Administration filed by Carolyn W. Colvin. The motion is GRANTED, and 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). Signed by Judge Kristi K. DuBose on 4/5/2013. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION JENNIFER P. WOODS, Plaintiff, : : v. : CAROLYN W. COLVIN, Acting Commissioner of Social Security, : Defendant. CIVIL ACTION NO.: 2:12-00727-KD-C : ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated March 20, 2013 is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the Defendant’s Unopposed Motion (Doc. 14) is GRANTED and the decision of the Commissioner of Social Security denying Plaintiff benefits is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g), 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, Shalala v. Schaefer, 509 U.S. 292 (1993), and terminates this Court’s jurisdiction over this matter. DONE and ORDERED this the 5th day of April 2013. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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