Hall v. Saul, No. 1:2020cv00412 - Document 21 (S.D. Ala. 2021)
Court Description: JUDGMENT entered in accordance with the memorandum opinion and order entered on this date. Signed by Magistrate Judge P. Bradley Murray on 3/22/2021. (eec)
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Hall v. Saul Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION BEVERLY HALL o/b/o AJLH, Plaintiff, : : vs. : ANDREW M. SAUL, Commissioner of Social Security, : CA 20-0412-MU : 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. See also 42 U.S.C. § 1383(c)(3) (“The final determination of the Commissioner of Social Security after a hearing under paragraph (1) shall be subject to judicial review as provided in section 405(g) of this title to the same extent as the Commissioner’s final determinations under section 405 of this title.”). The remand pursuant to sentence four of § 405(g) and 42 U.S.C. § 1383(c)(3) 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 22nd day of March, 2021. s/P. Bradley Murray UNITED STATES MAGISTRATE JUDGE Dockets.Justia.com
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