Jackson v. Astrue, No. 1:2008cv00254 - Document 24 (S.D. Ala. 2008)
Court Description: JUDGMENT that the decision of the Commissioner of Social Security denying Plf benefits be reversed & remanded as set out for further proceedings not inconsistent w/this decision. The remand pursuant to sentence four makes Plf a prevailing party for purposes of EAJA & terminates this Court's jurisdiction over this matter. Signed by Chief Judge Callie V. S. Granade on 12/31/08. (tot)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MICHAEL S. JACKSON, : Plaintiff, : vs. : MICHAEL J. ASTRUE, Commissioner of Social Security, CA 08-0254-CG-C : : Defendant. JUDGMENT In accordance with the order entered on this date, it is hereby ORDERED, ADJUDGED, and DECREED that 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), see Melkonyan v. Sullivan, 501 U.S. 89, 111 S.Ct. 2157, 115 L.Ed.2d 78 (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, Shalala v. Schaefer, 509 U.S. 292, 112 S.Ct. 2625, 125 L.Ed.2d 239 (1993), and terminates this Court s jurisdiction over this matter. DONE and ORDERED this 31st day of December, 2008. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE
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