Wheat v. Colvin, No. 1:2017cv00006 - Document 26 (S.D. Ala. 2018)
Court Description: JUDGMENT entered in accordance with the memorandum opinion and order entered on this date. Signed by Magistrate Judge P. Bradley Murray on 1/23/2018. (eec)
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Wheat v. Colvin Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION KENNETH WHEAT, : Plaintiff, : vs. : CA 17-0006-MU NANCY A. BERRYHILL, : Acting Commissioner of Social Security, : Defendant. 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 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, 113 S.Ct. 2625, 125 L.Ed.2d 239 (1993), and terminates this Court’s jurisdiction over this matter. DONE this the 23rd day of January, 2018. s/P. BRADLEY MURRAY UNITED STATES MAGISTRATE JUDGE Dockets.Justia.com
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