Alexander v. Astrue

Filing 40

MOTION by Defendant Michael J. Astrue for judgment Defendant's motion to enter judgment (Lindland, Kurt)

Alexander v. Astrue

Doc. 40

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) ) ) ) ) ) ) ) ) )

DEBORAH S. ALEXANDER, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

No. 09-C-3406

Magistrate Judge Ashman

DEFENDANT'S MOTION TO ENTER JUDGMENT Defendant, Commissioner of Social Security, by his undersigned attorneys, hereby petitions this Court to enter judgment in this case. Defendant notes that final judgment has not yet been entered in this case although the court order remand under the authority of sentence four of 42 U.S.C. § 405(g). Order at 29. Under the plain language of the statute judgment accompanies such an order. See Finkelstein v. Bowen, 496 U.S. 617 (1990). As final judgment is a prerequisite for an award under the Equal Access To Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(B), defendant asks the court to enter judgment in this case.

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Respectfully submitted, PATRICK J. FITZGERALD United States Attorney By: s/ Kurt N. Lindland KURT N. LINDLAND Assistant United States Attorney 219 South Dearborn Street Chicago, Illinois 60604 [phone] [e-mail]

Of Counsel: DONNA CALVERT Regional Chief Counsel Social Security Administration CAROLE J. KOHN Assistant Regional Counsel 200 West Adams Street, Suite 3000 Chicago, Illinois 60606 [phone], ext. 19140

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