Singleton v. Saul

Filing 20

MEMORANDUM OPINION AND ORDER: it is ORDERED that the Commissioner's 18 Unopposed Motion for Entry of Judgment Under Sentence Four of 42 USC 405(g) is GRANTED; further ORDERED AND ADJUDGED that the decision of the Commissioner is hereby REVE RSED 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 n.2 (11th Cir. 2006), Plf shall have 90 days after she r eceives notice of any amount of past due benefits awarded to seek attorney's fees under 42 USC 406(b). Signed by Honorable Judge Stephen Michael Doyle on 9/8/2021. (copies mailed to SSA Chief Judge and SSA Office of Hearings and Appeals) (wcl, )

Case 3:20-cv-00920-SMD Document 20 Filed 09/08/21 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
ASHLEY SINGLETON,
Plaintiff,
v.
KILOLO KIJAKAZI,1
Acting Commissioner of Social Security,
Defendant.

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) Civil Action No.: 3:20-cv-920-SMD
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MEMORANDUM OPINION AND ORDER
On August 16, 2021, the Commissioner filed an Unopposed Motion for Entry of
Judgment with Remand. Comm’r’s Mot. (Doc. 18). The Commissioner requests that the
Court reverse the Commissioner’s decision and remand this case pursuant to sentence four
of 42 U.S.C. § 405(g). Id. p. 1. The Commissioner states that, on remand, the
Commissioner shall reevaluate the evidence of record and, specifically, “obtain
supplemental vocational expert testimony,” “identify and resolve any conflicts between the
occupational evidence provided by the vocational expert and the information in the
Dictionary of Occupational Titles,” “offer Plaintiff an opportunity for a hearing[.]”
Comm’r’s Br. (Doc. 19) p. 2. Further, the Commissioner shall “take any further action to
complete the administrative record” and “issue a new decision.” Id.

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Kilolo Kijakazi, the acting Commissioner of the Social Security Administration, is substituted for Andrew
Saul as Defendant in his official capacity in this action. See FED. R. CIV. P. 25(d)(1).

Case 3:20-cv-00920-SMD Document 20 Filed 09/08/21 Page 2 of 3

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 reconsideration and further administrative actions are necessary. 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) (Doc. 18) is GRANTED. It is further
ORDERED AND ADJUDGED that the decision of the Commissioner 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 n.2 (11th Cir. 2006), 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 F. App’x 241, 241 n.1 (11th Cir. 2008).

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Case 3:20-cv-00920-SMD Document 20 Filed 09/08/21 Page 3 of 3

Done this 8th day of September, 2021.

Stephen M. Doyle
CHIEF U.S. MAGISTRATE JUDGE

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