Shepherd v. Colvin (CONSENT)
OPINION AND ORDER that the defendant's Motion to 16 be and hereby is 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; that, in accord ance with Bergen v. Comm'r of Soc. Sec., 454 F3d 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 as further set out. Signed by Honorable Judge Terry F. Moorer on 11/1/2013. (jg, ) certified copy mailed to SSA Chief Judge; SSA Admin.
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SANDY JEAN SHEPHERD,
CAROLYN W. COLVIN,
Acting Commissioner of Social Security )
CASE NO. 2:13-cv-277-TFM
OPINION AND ORDER
On October 31, 2013, the defendant filed an unopposed motion to reverse and remand
for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g) (Doc. 16). 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 (Doc. 16) be and hereby is GRANTED. It is
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 F3d 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, 241 fn. 1 (11th Cir. 2008).
DONE this 1st day of November, 2013.
/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE
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