Opinion
CA 00-0435-BH-C
March 1, 2001
JUDGMENT
In accordance with the order entered on this date, it is hereby ORDERED, ADJUDGED, and DECREED that the unfavorable offset decision of the Commissioner of Social Security be reversed and this cause is hereby remanded to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405 (g), for redetermination of the offset rate by applying either the weekly rate ($23.46) or monthly rate ($101.66) set forth in the 1996 Order Nunc Pro Tunc. The reversal and remand pursuant to sentence four of § 405(g) makes the plaintiff a prevailing party under 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.
ORDER
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636 (b)(1)(B) and dated February 6, 2001 is ADOPTED as the opinion of this Court.