Struggs v. Astrue

Filing 14

OPINION AND ORDER that defendant's 13 Motion to Remand be and is hereby GRANTED. 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. Commr of Soc. Sec., 454 F.3d 1273, 1278 fn. 2 (11th Cir. 2006), the plaintiff shall have ninety (90) days after th she receives notice of any amount of past due benefits awarded to seek attorneys 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. Signed by Honorable Charles S. Coody on 12/10/2010. (dmn)

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Struggs v. Astrue (CONSENT) Doc. 14 IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION D A P H N E P. STRUGGS, P la in tif f , v. M IC H A E L J. ASTRUE, C o m m iss io n e r of Social Security, D e f e n d a n t. ) ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:10cv552-CSC O P I N I O N and ORDER O n December 9, 2010, the defendant filed a motion to reverse and remand for further p ro c e e d in g s pursuant to sentence four of 42 U.S.C. 405(g). See Doc. # 13. The plaintiff d o e s not object to a remand. In addition, the parties have consented to entry of final judgment b y the United States Magistrate Judge. See 28 U.S.C. 636(c). Accordingly, it is O R D E R E D that the defendant's motion to remand (doc. # 13) be and is hereby G R A N T E D . It is further O R D E R E D AND ADJUDGED that the decision of the Commissioner be and is hereby R E V E R S E D and this case be and is hereby REMANDED to the Commissioner for further p ro c e e d in g s . Finally, it is it is ORDERED that, in accordance with Bergen v. Comm'r of Soc. Sec., 454 F.3d 1273, 1 2 7 8 fn. 2 (11th Cir. 2006), the plaintiff shall have ninety (90) days after she receives notice o f 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 (11 th Cir. 2008). Dockets.Justia.com A separate order will be entered. D o n e this day of 10th day of December 2010. /s/Charles S. Coody CHARLES S. COODY U N IT E D STATES MAGISTRATE JUDGE 2

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