Cervi v. Astrue, No. 2:2001cv02337 - Document 18 (D. Ariz. 2011)

Court Description: 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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Cervi v. Astrue Doc. 18 1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Victor A. Cervi, Plaintiff, 10 11 vs. 12 Michael J. Astrue, 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 01-2337-PHX-FJM ORDER 15 Nine years ago, we remanded this case to the Social Security Administration under 16 sentence 6 of 42 U.S.C. §405(g). Six years ago, the Social Security Administration ruled in 17 favor of the plaintiff. We now have before us the Social Security Administration's Motion 18 to Reopen solely for the purpose of entering a final judgment under sentence 4 of §405(g) 19 in favor of plaintiff. (Doc. 17). No explanation for the extraordinary delay, or why it matters 20 at this point, is given. No response from plaintiff has been filed. 21 At all events, it is ORDERED GRANTING defendant's Motion solely for the purpose 22 of directing the clerk to enter final judgment under sentence 4 of §405(g) in favor of plaintiff 23 and against the defendant, affirming the Commissioner's decision to waive the recovery of 24 overpayments to plaintiff. (Doc. 17). 25 DATED this 6th day of June, 2011. 26 27 28 Dockets.Justia.com