Ducker v. Astrue

Filing 18

ORDER directing that, after an independent review of the file in this case and upon consideration of the recommendation of the US Magistrate Judge, it is ORDERED as follows: (1) That the 17 recommendation of the United States Magistrate Judge is ad opted; (2) That the decision of defendant Commissioner of Social Security is reversed and this case is remanded to defendant Commissioner of Social Security for further proceedings consistent with the recommendation of the United States Magistrate Ju dge including full development of evidence concerning the effect of the plaintiff's mental impairment on his ability to perform work; and (3) 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 60 days after he 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). Signed by Honorable Myron H. Thompson on 3/25/11. (Furnished to SSA Office of Hearings & Appeals and SSA Chief Judge.)(scn, )

-CSC Ducker v. Astrue

Doc. 18

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION WILLIAM M. DUCKER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 3:09cv973-MHT (WO)

ORDER On February 23, 2011, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the recommendation of the United States Magistrate Judge, it is ORDERED as follows: 1. is adopted; 2. That the decision of defendant Commissioner of Social Security is reversed and That the recommendation of the United States Magistrate Judge (doc. no. 17)

this case is remanded to defendant Commissioner of Social Security for further proceedings consistent with the recommendation of the United States Magistrate Judge including full development of evidence concerning the effect of the plaintiff's mental impairment on his ability to perform work; and 3. 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 60 days after he receives notice of any amount

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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 judgment will be entered. DONE, this the 25th day of March, 2011.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE