Jackson v. Colvin(CONSENT)

Filing 18

OPINION and ORDER: It is ORDERED that defendant's 17 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 C ommissioner for further proceedings. Finally, it is ORDERED that, in accordance with Bergen v. Commr of Soc. Sec., 454 F.3d 1273, 1278 fn. 2 (11th Cir. 2006), the plaintiff shall have ninety (90) days after she receives noticeof any amount of past du e 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). A separate order will be entered. Signed by Honorable Judge Charles S. Coody on 10/1/2013. Copy furnished to Appeals Council, SSA Chief Judge.(dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
TARA L. JACKSON,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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CIVIL ACTION NO. 3:13cv126-CSC

OPINION and ORDER
On October 1, 2013, the defendant filed a motion to reverse and remand for further
proceedings pursuant to sentence four of 42 U.S.C. § 405(g). See Doc. # 17. 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 remand (doc. # 17) 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 day of 1st day of October 2013.

/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE

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