Moore v. Saul (CONSENT)
Filing
13
MEMORANDUM OPINION AND ORDER: it is ORDERED that the Commissioner's 14 Motion to Remand to Social Security is GRANTED; For the reasons set forth in the Motion and in this Order, the decision of the Commissioner is REVERSED and REMANDED for further proceedings pursuant to 42 USC 405(g), as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 6/26/2020. (Certified copies mailed: SSA Chief Judge, SSA Office of Hearings/Appeals)(bes, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
WALTER MOORE,
Plaintiff,
v.
ANDREW SAUL,
Commissioner of Social Security,
Defendant.
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Case No. 3:20-CV-52-WC
MEMORANDUM OPINION AND ORDER
On June 25, 2020, the Commissioner filed an Unopposed Motion for Entry of
Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Reversal and Remand of the
Cause to Defendant (Doc. 12). The Commissioner also filed a memorandum in support of
the motion, in which the Commissioner states remand is necessary so that the agency may
further consider the medical evidence. Doc. 12 at 2. In addition, the parties have consented
to entry of final judgment by the United States Magistrate Judge pursuant to 28 U.S.C.
636(c). Docs. 7 and 8.
Sentence Four of 42 U.S.C. § 405(g) authorizes the district court to “enter, upon the
pleadings and transcript of the record, a judgment affirming, modifying, or reversing the
decision of the Commissioner of Social Security, with or without remanding the cause for
a rehearing.” 42 U.S.C. § 405(g).
The district court may remand a case to the
Commissioner for a rehearing if the court finds “either . . . the decision is not supported by
substantial evidence, or . . . the Commissioner or the ALJ incorrectly applied the law
relevant to the disability claim.” Jackson v. Chater, 99 F.3d 1086, 1092 (11th Cir. 1996).
In this case, the court finds reversal and remand necessary, as Defendant concedes
reconsideration and further development of the record is in order. Furthermore, Plaintiff
does not oppose the motion. See Doc. 14 at 1–2. Accordingly, it is
ORDERED that the Commissioner’s Motion (Doc. 14) is GRANTED. For the
reasons set forth in the Motion and in this Order, the decision of the Commissioner is
REVERSED and REMANDED for further proceedings pursuant to 42 U.S.C. § 405(g). It
is further
ORDERED that, in accordance with Bergen v. Comm’r of Soc. Sec., 454 F3d 1273,
1278 n.2 (11th Cir. 2006), Plaintiff shall have ninety (90) days after receipt of 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. App’x 241, 241 n.1 (11th Cir. 2008).
A separate judgment will issue.
DONE this 26th day of June, 2020.
/s/ Wallace Capel, Jr.
WALLACE CAPEL, JR.
CHIEF UNITED STATES MAGISTRATE JUDGE
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