Gaines v. Astrue

Filing 16

OPINION AND ORDER that 15 Unopposed Motion to Reverse and Remand is GRANTED; that the decision of the Commissioner is REVERSED and this case is REMANDED to the Commissioner for further proceedings; 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). Signed by Honorable Judge Terry F. Moorer on 7/19/2012. (cc, ) Copies mailed to Office of Hearings and Appeals and SSA Chief Judge.

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
KATHY LATASHA GAINES
Plaintiff,
v.
MICHAEL ASTRUE,
Commissioner of Social Security,
Defendant.

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CASE NO. 3:12-cv-72-TFM

OPINION and ORDER
Now pending before the court is the Unopposed Motion to Reverse and Remand
filed by the Commissioner on July 18, 2012. (Doc. No. 15.) 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 Unopposed Motion to Reverse and 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).
DONE this 19th day of July, 2012.

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

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