Hurst v. Kijakazi

United States District Court for the Southern District of Alabama February 2, 2022

Trial Court Opinion

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

KELLY HURST, ) ) Plaintiff, ) ) vs. ) CA 21-0109-MU ) KILOLO KIJAKAZI, Acting ) 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. The remand pursuant to sentence four of § 405(g) 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 2nd day of February, 2022. s/P. Bradley Murray UNITED STATES MAGISTRATE JUDGE

Reference

Status: Unknown