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JONES v. COLVIN, Civil Action 14-00469-KD-B. (2015)

Court: District Court, S.D. Alabama Number: infdco20150420581 Visitors: 4
Filed: Apr. 17, 2015
Latest Update: Apr. 17, 2015
Summary: ORDER KRISTI K. DuBOSE , District Judge . After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) and dated April 1, 2015, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Defendant's unopposed Motion to Remand (Doc. 10) is GRANTED, and that the decision of the Commissioner of Social Security denying Plaintiff benefits is REVERS
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ORDER

After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated April 1, 2015, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Defendant's unopposed Motion to Remand (Doc. 10) is GRANTED, and that the decision of the Commissioner of Social Security denying Plaintiff benefits is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g), Melkonyan v. Sullivan, 501 U.S. 89 (1991), for further administrative proceedings.

The remand pursuant to sentence four of Section 405(g) makes 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 (1993), and terminates this Court's jurisdiction over this matter.

DONE and ORDERED.

Source:  Leagle

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