Shamburger v. Saul
Shamburger v. Saul
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION
CHARMINA L. SHAMBURGER, :
Plaintiff, :
vs. : CA 19-0942-MU
ANDREW M. SAUL, : 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. 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 3rd day of June, 2020. s/P. Bradley Murray UNITED STATES MAGISTRATE JUDGE
Reference
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