Anderson v. Astrue (CONSENT)
OPINION AND ORDER: that the defendant's motion to remand 15 be and is hereby GRANTED; 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 as further set out. Signed by Honorable Judge Charles S. Coody on 3/29/2012. (jg, ) Certified copy to SSA Chief Judge and Social Security Administration. Modified on 3/29/2012 to clarify docket text (jg, ).
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
VERONICA D. ANDERSON,
MICHAEL J. ASTRUE,
Commissioner of Social Security,
CIVIL ACTION NO. 2:11cv853-CSC
OPINION and ORDER
On March 29, 2012, the defendant filed a motion to reverse and remand for further
proceedings pursuant to sentence four of 42 U.S.C. § 405(g). See Doc. # 15. The plaintiff
does not object to a remand. In addition, the parties have consented to entry of final
judgment by the United States Magistrate Judge. See 28 U.S.C. § 636(c). Accordingly, it
ORDERED that the defendant’s motion to remand (doc. # 15) 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. Comm’r of Soc. Sec., 454 F.3d 1273,
1278 fn. 2 (11th 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 day of 29th day of March 2012.
/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE
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