HARGROVE v. ASTRUE
Filing
20
ORDER ADOPTING 19 REPORT AND RECOMMENDATION: Decision of Administrative Law Judge is REVERSED, and this matter is REMANDED to the Commissioner. Clerk directed to enter final judgment remanding this case to the Commissioner for further administrative proceedings. Attorney fees are stayed until the matter is fully adjudicated upon remand. Signed by CHIEF JUDGE M CASEY RODGERS on 5/18/2012. (jws)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
DONNA R. HARGROVE,
Plaintiff,
v.
CASE NO. 1:11cv54-MP-GRJ
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
/
ORDER
This matter is before the court on the Report and Recommendation of the
Magistrate Judge, recommending that the decision of the Commissioner, denying benefits,
be reversed and remanded under sentence four of 42 U.S.C. § 405(g). (Doc. 19). The
time for filing objections has passed, and none have been filed.
The court agrees that the ALJ improperly failed to address the opinions of treating
physician Dr. Eric Sobel and consulting psychologist Dr. Jeffrey Gedney. Also, despite
finding that Plaintiff suffered from "some" limitations regarding reaching, the ALJ did not
determine exactly what those limitations were and then relied exclusively upon the Grids
to direct a finding of no disability. On remand, the ALJ should clarify the extent of Plaintiff’s
reaching limitations and then, if appropriate, obtain testimony from a vocational expert to
address the extent to which Plaintiff’s reaching limitations would erode the base for
unskilled sedentary work. The ALJ, however, is not required to blindly direct the copying
of thousands of pages of medical records. Instead, Plaintiff’s counsel should identify which
of the 1,600 pages of medical records are relevant to Plaintiff’s lupus so that the ALJ then
can make an informed and intelligent decision as to whether the ALJ needs to obtain the
specific medical records in determining whether Plaintiff is disabled.
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For the above reasons, this matter will be remanded under sentence four of 42
U.S.C. § 405(g). A remand under sentence four is considered a final judgment. Bergen
v. Commissioner, 454 F.3d 1273 (11th Cir. 2006). Thus, absent a court order stating
otherwise, a successful plaintiff’s counsel would normally have fourteen days after the
order of remand to file a motion with the District Court requesting an award of attorney
fees. Fed. R. Civ. P. 54(d)(2)(B). This Rule has been interpreted by the Eleventh Circuit
to even apply to a request for fees to be paid from plaintiff’s past due benefits pursuant to
42 U.S.C. § 406(b)(1). Bergen, 454 F.3d at 1277-78. However, plaintiff's counsel in such
a case will not know the amount of benefits - and therefore fees - until after the
Commissioner awards benefits, which typically takes longer than fourteen days after the
entry of judgment. Therefore, an extension of time to seek such fees is warranted, and
was recommended by the Bergen opinion. Id.
Accordingly, it is now ORDERED as follows:
1.
The Report and Recommendation of the Magistrate Judge is adopted, the
decision of the Administrative Law Judge is reversed, and this matter is remanded to the
Commissioner.
2.
The Clerk is directed to enter final judgment remanding this case to the
Commissioner under sentence four of 42 U.S.C. § 405(g) for further administrative
proceedings in order for the ALJ to (i) to analyze the medical evidence and medical
opinions expressed by Drs. Eric Sobel and Jeffrey Gedney as required by applicable law,
regulations and rulings, (ii) make a specific finding as to the extent of Plaintiff’s reaching
limitations, (iii) determine how those reaching limitations impact and/or erode the sedentary
base, and (iv) if the ALJ again determines Plaintiff is limited to simple, repetitive, noncomplex, unskilled sedentary work, then he should also make a finding as to whether that
restriction affects a wide range of work across the given exertional level.
3.
Pursuant to Bergen, proceedings on attorney fees under the Social Security
Act, 42 U.S.C. § 406(b) are stayed until the matter is fully adjudicated upon remand. The
plaintiff shall file a motion to award fees under 406(b) within 30 days after counsel receives
notice from the Commissioner as to plaintiff’s past due benefits.
Case No: 1:11cv54-MP-GRJ
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4.
This stay relates only to attorney fee proceedings under § 406(b) of the
Social Security Act, not to attorney fee proceedings under the Equal Access to Justice Act,
28 U.S.C. § 2412, the latter of which may be adjudicated at this time.
DONE and ORDERED this 18th day of May, 2012.
s/
M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE
Case No: 1:11cv54-MP-GRJ
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