Cloud v. Astrue (CONSENT)

Filing 16

OPINION AND ORDER that Defendant's motion to remand 15 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; that, in acco rdance 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). Signed by Honorable Judge Terry F. Moorer on 4/15/2013. (jg, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
BRENDA CLOUD,

)
)
Plaintiff,
)
)
v.
)
)
CAROLYN W. COLVIN,
)
ACTING COMMISSIONER OF SOCIAL )
SECURITY,
)
)
Defendant.
)

CIV. ACTION NO. 3:12CV743-TFM

OPINION and ORDER
On April 12, 2013, Defendant filed a Motion to Reverse and Remand for Further
Proceedings pursuant to sentence four of 42 U.S.C. § 405(g). See Doc. # 15. 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 Defendant’s motion to remand (doc. # 15) 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 15th day of April, 2013.

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

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