Sweetwyne v. Colvin (CONSENT)

Filing 15

OPINION and ORDER: It is ORDERED that the defendant's 14 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 t he Commissioner 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 notice of any amount of pa st 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). A separate order will be entered. Signed by Honorable Judge Charles S. Coody on 10/1/2013. Copies furnished to Appeals Council and SSA Chief Judge.(dmn, ) (Main Document 15 replaced on 10/1/2013 to correct a typographical error.) (dmn, ).

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

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CIVIL ACTION NO. 3:13cv356-CSC

OPINION and ORDER
On September 30, 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. # 14. 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. # 14) 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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