Thomas v. Saul (CONSENT)
Filing
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MEMORANDUM OPINION AND ORDER GRANTING 21 Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. 405(g) with Reversal and Remand to Defendant; further ORDERING and ADJUDING that the decision of the Commissioner is REVERS ED and that this case is REMANDED to the Commissioner for further proceedings; ORDERING that in accordance with Bergen v. Comm'r of Soc. Sec., 454 F.3d 1273, 1278 n.2 (11th Cir. 2006), the plaintiff shall have 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). SeeBlitch v. Astrue, 261 F. Appx 241, 241 n.1 (11th Cir. 2008). Signed by Honorable Judge Stephen Michael Doyle on 11/20/2020. Certified copy also mailed to SSA Chief Judge and SSA Office of Hearings and Appeals.(djy, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
A’SAILA THOMAS,
Plaintiff,
v.
ANDREW SAUL,
Commissioner of Social Security,
Defendant.
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Case No. 3:20-cv-325-SMD
MEMORANDUM OPINION AND ORDER
On November 17, 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 to
Defendant (Doc. 21) for further administrative proceedings pursuant to sentence four of 42
U.S.C. § 405(g). The Commissioner states that remand is necessary so that the
Administrative Law Judge can take “further action needed to complete the administrative
record and issue a new decision.” (Doc. 22, p. 1).
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 the Commissioner
concedes that reconsideration and further development of the record are in order.
Furthermore, Plaintiff does not oppose the Motion. Accordingly, it is:
ORDERED that the Commissioner’s Unopposed Motion for Entry of Judgment
Under Sentence Four of 42 U.S.C. § 405(g) with Reversal and Remand to Defendant (Doc.
21) is GRANTED. It is further:
ORDERED AND ADJUDGED that the decision of the Commissioner is
REVERSED and that this case is 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 n.2 (11th Cir. 2006), the plaintiff shall have 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
Blitch v. Astrue, 261 F. App’x 241, 241 n.1 (11th Cir. 2008).
Done this 20th day of November, 2020.
/s/ Stephen M. Doyle
CHIEF UNITED STATES MAGISTRATE JUDGE
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