RHODES v. ASTRUE, 2:11cv558-CSC. (2012)
Court: District Court, M.D. Alabama
Number: infdco20120120874
Visitors: 31
Filed: Jan. 19, 2012
Latest Update: Jan. 19, 2012
Summary: OPINION and ORDER CHARLES S. COODY, Magistrate Judge. On January 19, 2012, the defendant filed a motion to reverse and remand for further proceedings pursuant to sentence four of 42 U.S.C. 405(g). See Doc. # 13. The plaintiff does not object to a remand. In addition, the parties have consented to entry of final judgment by the United States Magistrate Judge. See 28 U.S.C. 636(c). Accordingly, it is ORDERED that the defendant's motion to remand (doc. # 13) be and is hereby GRANTED. It
Summary: OPINION and ORDER CHARLES S. COODY, Magistrate Judge. On January 19, 2012, the defendant filed a motion to reverse and remand for further proceedings pursuant to sentence four of 42 U.S.C. 405(g). See Doc. # 13. The plaintiff does not object to a remand. In addition, the parties have consented to entry of final judgment by the United States Magistrate Judge. See 28 U.S.C. 636(c). Accordingly, it is ORDERED that the defendant's motion to remand (doc. # 13) be and is hereby GRANTED. It i..
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OPINION and ORDER
CHARLES S. COODY, Magistrate Judge.
On January 19, 2012, the defendant filed a motion to reverse and remand for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). See Doc. # 13. The plaintiff does not object to a remand. In addition, the parties have consented to entry of final judgment by the United States Magistrate Judge. See 28 U.S.C. § 636(c). Accordingly, it is
ORDERED that the defendant's motion to remand (doc. # 13) be and is hereby GRANTED. It is further
ORDERED AND ADJUDGED that the decision of the Commissioner be and 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 fn. 2 (11th Cir. 2006), the 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 Fed. Appx. 241, 242 fn.1 (11th Cir. 2008).
A separate order will be entered.
Source: Leagle
