Washam v. Colvin, No. 1:2016cv00221 - Document 16 (S.D. Ala. 2017)
Court Description: JUDGMENT entered in accordance with the memorandum opinion and order entered on this date. Signed by Magistrate Judge William E. Cassady on 7/12/2017. (eec)
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Washam v. Colvin Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION KERRY A. WASHAM, : Plaintiff, : vs. : NANCY A. BERRYHILL, Acting Commissioner of Social Security,1 : : : Defendant. CA 16-00221-C : JUDGMENT 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 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 consistent 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, see 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. . Nancy A Berryhill became the Acting Commissioner of Social Security on January 23, 2017. Pursuant to Rule 25(d), Fed. R. Civ. P., Berryhill is substituted for Carolyn W. Covin as the proper defendant in this case. 1 Dockets.Justia.com DONE this the 12th day of July 2017. s/WILLIAM E. CASSADY UNITED STATES MAGISTRATE JUDGE
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