Auger v. Kijakazi

United States District Court for the Southern District of Alabama

Auger v. Kijakazi

Trial Court Opinion

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

TIFFANY NICOLE AUGER, ) ) Plaintiff, ) ) vs. ) Civ. A No. 23-0189-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

(1991), for further proceedings not inconsistent with this decision. The remand pursuant to sentence four of § 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 this the 5th day of October, 2023. s/P. BRADLEY MURRAY UNITED STATES MAGISTRATE JUDGE

Reference

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