Adetunji v. Colvin

Filing 14

OPINION AND ORDER GRANTING defendants' 11 motion for entry of judgment with remand; further ORDERING and ADJUDGING 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; ORDERING 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 he receives notice of any amount of past 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). Signed by Honorable Judge Charles S. Coody on 8/26/14. (djy, )

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

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CIVIL ACTION NO. 3:14cv203-CSC

OPINION and ORDER
On August 18, 2014, the defendant filed a motion for entry of judgment under sentence
four of 42 U.S.C. § 405(g) with remand for further proceedings. See Docs. # 11. 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 for entry of judgment with remand (doc. # 11)
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 he 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 final judgment will be entered.
Done this day of 26th day of August 2014.

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