Bland v. Colvin

Filing 18

OPINION AND ORDER directing that the parties' joint motion to remand (doc. # 17 ) be and is hereby GRANTED; 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; the Commissioner is DIRECTED to assign this case to an Administrative Law Judge with instructions to further consider the opinions of Ms. Bland's physicians, Drs. Howorth and Powers, and to take any othe r additional actions necessary to evaluate the case, as further set out; further 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). Signed by Honorable Judge Charles S. Coody on 2/10/14. (scn, )

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

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CIVIL ACTION NO. 3:13cv544-CSC
(WO)

OPINION and ORDER
On February 7, 2014, the parties filed a joint motion to remand for further proceedings
pursuant to sentence four of 42 U.S.C. § 405(g). See Doc. # 17. 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 parties’ joint 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. The Commissioner is DIRECTED to assign this case to an Administrative Law
Judge with instructions to further consider the opinions of Ms. Bland’s physicians, Drs.
Howorth and Powers, and to take any other additional actions necessary to evaluate the case.
Based on this new evaluation, the Administrative Law Judge will render a new decision
regarding Plaintiff’s eligibility for disability insurance benefits for the period beginning

February 12, 2010. 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 day of 10th day of February, 2014.

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

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