Johnson v. Saul

Filing 18

MEMORANDUM OPINION AND ORDER: it is ORDERED that the Commissioner's 13 motion is GRANTED. The decision of the Commissioner is REVERSED and REMANDED for further proceedings under 42 U.S.C. 405(g). It is further ORDERED that, in accordance with Bergen v. Comm'r of Soc. Sec., 454 F.3d 1273, 1278 n.2 (11th Cir. 2006), Plf has 90 days after receipt of notice of an award of past due benefits to seek attorney's fees under 42 U.S.C. 406(b). A separate judgment will issue. Signed by Honorable Judge Kelly F. Pate on 11/19/2021. (cwl, )

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

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CASE NO. 3:21-CV-114-KFP

MEMORANDUM OPINION AND ORDER
The Commissioner has filed an Unopposed Motion for Entry of Judgment Under
Sentence Four of 42 U.S.C. § 405(g). Doc. 13. The Commissioner asserts that reversal and
remand are necessary because the Administrative Law Judge failed to properly evaluate
the prior administrative medical findings. Id. On remand, the Appeals Council will instruct
the ALJ to (1) evaluate all the medical opinion evidence and the prior administrative
medical findings; (2) further consider Plaintiff’s residual functional capacity; (3) obtain
supplemental vocational expert evidence at a hearing; and (4) issue a new decision. Id. The
parties consented to entry of final judgment by the United States Magistrate Judge under
28 U.S.C. § 636(c). Docs. 16, 17.
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 “the decision is not supported by substantial evidence [or
the Commissioner or 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 required. Doc. 13. Accordingly, it is
ORDERED that the Commissioner’s motion is GRANTED. The decision of the
Commissioner is REVERSED and REMANDED for further proceedings under 42 U.S.C.
§ 405(g). It is further
ORDERED that, in accordance with Bergen v. Comm’r of Soc. Sec., 454 F.3d 1273,
1278 n.2 (11th Cir. 2006), Plaintiff has 90 days after receipt of notice of an award of past
due benefits to seek attorney’s fees under 42 U.S.C. § 406(b). See also Blitch v. Astrue,
261 F. App’x 241, 242 n.1 (11th Cir. 2008).
A separate judgment will issue.
DONE this 19th day of November, 2021.

/s/ Kelly Fitzgerald Pate
KELLY FITZGERALD PATE
UNITED STATES MAGISTRATE JUDGE