Young v. Kijakazi ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LAPHONSE A.T. YOUNG, * * Plaintiff, * * vs. * CIVIL ACTION NO. 22-00444-B * KILOLO KIJAKAZI, * Acting Commissioner of * Social Security, * * Defendant. * JUDGMENT In accordance with the order entered on June 14, 2023, it is hereby ORDERED, ADJUDGED, and DECREED that the Defendant’s unopposed motion for remand (Doc. 14) is GRANTED, and that the decision of the Commissioner of Social Security denying Plaintiff a continuation of disability insurance 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 (1991). 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, see Shalala v. Schaefer, 509 U.S. 292 (1993), and terminates this Court’s jurisdiction over this matter. ORDERED this 14th day of June, 2023. /s/ SONJA F. BIVINS UNITED STATES MAGISTRATE JUDGE