Opinion
3:23-CV-400 (ML)
08-24-2023
JUDGMENT IN A CIVIL CASE
Decision by Court. This action came to hearing before the Court. The issues have been heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED
That pursuant to the Stipulation of the parties and the issuance of the Consent Order it is ORDERED that the final decision of the Commissioner be and hereby is REVERSED, and the matter is REMANDED to the Defendant for further administrative action; and it is further ORDERED that the within matter, be and hereby is, DISMISSED in accord with the decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991); and it is further ORDERED that nothing within the consent order shall be deemed to bar Plaintiff from seeking attorney's fees under Equal Access to Justice Act (EAJA), 42 U.S.C. § 2412.
All of the above pursuant to the Consent Order of the Honorable Miroslav Lovric, dated 8/24/2023.