Lewis v. Kijakazi

District Court, S.D. Alabama·Decided July 12, 2021·No. 1:20-cv-00468·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

ANETRA LEWIS, * * Plaintiff, * * vs. * CIVIL ACTION NO. 20-00468-KD-B * ANDREW M. SAUL, * Commissioner of Social * Security, * * Defendant. *

JUDGMENT In accordance with the Order entered July 12, 2021, it is hereby ORDERED, ADJUDGED, and DECREED that Defendant’s Unopposed Motion for Entry of Judgment with Remand (Doc. 20) is GRANTED, and that the decision of the Commissioner of Social Security denying Plaintiff benefits is reversed and remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). See Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991). The remand pursuant to sentence four of § 405(g) makes Plaintiff the prevailing party for purposes of the Equal Access to Justice Act, 28 U.S.C. § 2412, and terminates this Court’s jurisdiction over this matter. See Shalala v. Schaefer, 509 U.S. 292 (1993). DONE this 12th day of July 2021.

s/ Kristi K. DuBose KRISTI K. DuBOSE CHIEF UNITED STATES DISTRICT JUDGE

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Lewis v. Kijakazi, (S.D. Ala. 2021).

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Related

Shalala v. Schaefer
509 U.S. 292 (Supreme Court, 1993)
Melkonyan v. Sullivan
501 U.S. 89 (Supreme Court, 1991)