Rhymes v. Colvin
OPINION AND ORDER GRANTING 23 MOTION to Remand; further ORDERING that the oral argument set for 1/29/2015 be and is hereby CANCELLED; further ORDERING and ADJUDGING that the decision of the Commissioner be and is hereby REVERSED and this case b e and is hereby REMANDED to the Commissioner for further proceedings; ORDERING that the plf shall have 90 days after she receives notice of past due benefits awarded to seek attorneys fees under 42 U.S.C. § 406(b), as further set out in order. Signed by Honorable Judge Charles S. Coody on 1/27/15. Furnished to calendar group & WS (terminates Oral Argument 01/29/2015). Also mailed to SSA Chief Judge and SSA Office of Hearings and Appeals.(djy, )
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF
CIVIL ACTION NO. 1:14-cv-22-CSC
OPINION AND ORDER
On January 27, 2015, the defendant filed a motion to reverse and remand for further
proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 23). The plaintiff does
not object to a remand. In addition, the parties have consented to the entry of final judgment
by the United States Magistrate Judge. See 28 U.S.C. § 636(c). Accordingly, it is
ORDERED that the defendant’s motion to remand (Doc. 23) be and is hereby
GRANTED. It is further
ORDERED that the oral argument set for January 29, 2015 be and is hereby
CANCELLED. It is further
ORDERED AND ADJUDGED that the decision of the Commissioner be and is
hereby REVERSED and this case be and is hereby REMANDED to the Commissioner for
further proceedings. Finally, it is
ORDERED that, in accordance with Bergen v. Comm’r of Soc. Sec., 454 F.3d 1273,
1278 n.2 (11 Cir. 2006), the plaintiff shall have ninety (90) days after she receives notice
of any amount of past due benefits awarded to seek attorney’s fees under 42 U.S.C. § 406(b).
See also Blitch v. Astrue, 261 Fed. Appx. 241, 242 fn.1 (11th Cir. 2008).
A separate order will be entered.
Done this 27th day of January, 2015.
/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE
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