Cervi v. Astrue

Filing 18

ORDER granting 17 Motion to Reopen Case solely for the purpose of directing the clerk to enter final judgment under sentence 4 of §405(g) in favor of plaintiff and against the defendant, affirming the Commissioner's decision to waive the recovery of overpayments to plaintiff. Signed by Judge Frederick J Martone on 6/6/11.(DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Victor A. Cervi,
Plaintiff,

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vs.

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Michael J. Astrue,
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Defendant.
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No. CV 01-2337-PHX-FJM
ORDER

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Nine years ago, we remanded this case to the Social Security Administration under
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sentence 6 of 42 U.S.C. §405(g). Six years ago, the Social Security Administration ruled in
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favor of the plaintiff. We now have before us the Social Security Administration's Motion
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to Reopen solely for the purpose of entering a final judgment under sentence 4 of §405(g)
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in favor of plaintiff. (Doc. 17). No explanation for the extraordinary delay, or why it matters
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at this point, is given. No response from plaintiff has been filed.
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At all events, it is ORDERED GRANTING defendant's Motion solely for the purpose
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of directing the clerk to enter final judgment under sentence 4 of §405(g) in favor of plaintiff
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and against the defendant, affirming the Commissioner's decision to waive the recovery of
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overpayments to plaintiff. (Doc. 17).
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DATED this 6th day of June, 2011.