Jackson v. Colvin (CONSENT)

Filing 21

OPINION AND ORDER that the defendant's motion to remand 20 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 12/9/2013. (jg, ) Certified copy sent to SSA Chief Judge, SSA Administration.

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
MAURICE ALEXANDER JACKSON,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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CIVIL ACTION NO. 2:13cv175-CSC
(WO)

OPINION and ORDER
On December 5, 2013, 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. # 20. 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 is
ORDERED that the defendant’s motion to remand (doc. # 20) 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).
Done this day of 9th day of December 2013.

/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE