Filed: Jun. 28, 2019
Latest Update: Jun. 28, 2019
Summary: ORDER KATHERINE P. NELSON , Magistrate Judge . Plaintiff Emanuel Reese brought this action under 42 U.S.C. 405(g) and 1383(c)(3) seeking judicial review of the final decision of the Defendant Commissioner of Social Security ("the Commissioner") denying his April 8, 2013 applications for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401, et seq., and for supplemental security income ("SSI") under Title XVI of the
Summary: ORDER KATHERINE P. NELSON , Magistrate Judge . Plaintiff Emanuel Reese brought this action under 42 U.S.C. 405(g) and 1383(c)(3) seeking judicial review of the final decision of the Defendant Commissioner of Social Security ("the Commissioner") denying his April 8, 2013 applications for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401, et seq., and for supplemental security income ("SSI") under Title XVI of the ..
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ORDER
KATHERINE P. NELSON, Magistrate Judge.
Plaintiff Emanuel Reese brought this action under 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking judicial review of the final decision of the Defendant Commissioner of Social Security ("the Commissioner") denying his April 8, 2013 applications for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. § 401, et seq., and for supplemental security income ("SSI") under Title XVI of the Social Security Act, 42 U.S.C. § 1381, et seq.2 In response to Reese's brief and fact sheet (Docs. 12, 13) listing the specific errors upon which he seeks reversal of the Commissioner's decision, the Commissioner filed a motion to remand Reese's case for further proceedings under sentence four of 42 U.S.C. § 405(g) ("The [district ]court shall have power 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."),3 representing that Reese consents to the motion.4 (See Doc. 16).
Upon consideration, it is ORDERED that the Commissioner's consent motion to remand (Doc. 16) is GRANTED, the Commissioner's final decision denying Reese's April 8, 2013 applications a period of disability, DIB, and SSI is REVERSED, and this cause is REMANDED under sentence four of § 405(g) for further proceedings. Securing a "sentence four" remand makes Reese a prevailing party for purposes of the Equal Access to Justice Act, 28 U.S.C. § 2412, see Shalala v. Schaefer, 509 U.S. 292 (1993), and terminates this Court's jurisdiction over this cause.
Under Federal Rule of Civil Procedure 54(d)(2)(B), should Reese be awarded Social Security benefits on the subject applications following this remand, the Court hereby grants Reese's counsel an extension of time in which to file a motion for fees under 42 U.S.C. § 406(b) until thirty days after the date of receipt of a notice of award of benefits from the Social Security Administration.5 Consistent with 20 C.F.R. § 422.210(c), "the date of receipt of notice ... shall be presumed to be 5 days after the date of such notice, unless there is a reasonable showing to the contrary." If multiple award notices are issued, the time for filing a § 406(b) fee motion shall run from the date of receipt of the latest-dated notice.
Final judgment shall issue separately hereafter in accordance with this order and Federal Rule of Civil Procedure 58.
