Rowe v. Astrue

Filing 15

OPINION AND ORDER GRANTING 14 MOTION to Remand ; further ORDERING and ADJUDGING 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; directing that plf shall have 90 days after she receives notice of any amount of past due benefits awarded to seek attorney's fees under 42 USC 406(b), as further set out in order. Signed by Honorable Judge Terry F. Moorer on 4/3/12. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
LINDA F. ROWE,
Plaintiff,
v.
MICHAEL ASTRUE,
Commissioner of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)

CASE NO. 3:11-cv-945-TFM
(WO)

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). (Doc. No. 14.) Specifically, the
defendant suggests that the ALJ reassess Plaintiff’s residual functional capacity, giving no
weight to the state agency decision maker’s assessment; offer Plaintiff an opportunity to
submit additional medical evidence; obtain medical expert and/or supplemental vocational
expert testimony if warranted; and reassess Plaintiff’s ability to perform any past relevant
work or other work that exists in the national economy in light of the reassessed residual
functional capacity. (Id.) 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 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. 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 3rd day of April, 2012.

/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE

2