GAINES v. ASTRUE, 3:12-cv-72-TFM. (2012)
Court: District Court, M.D. Alabama
Number: infdco20120720820
Visitors: 19
Filed: Jul. 19, 2012
Latest Update: Jul. 19, 2012
Summary: OPINION and ORDER TERRY F. MOORER, Magistrate Judge. Now pending before the court is the Unopposed Motion to Reverse and Remand filed by the Commissioner on July 18, 2012. (Doc. No. 15.) 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 Unopposed Motion to Reverse and Remand be and is hereby GRANTED. It is further ORDERED AND ADJUDGED that the decision of the Commissioner be and is hereby
Summary: OPINION and ORDER TERRY F. MOORER, Magistrate Judge. Now pending before the court is the Unopposed Motion to Reverse and Remand filed by the Commissioner on July 18, 2012. (Doc. No. 15.) 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 Unopposed Motion to Reverse and Remand be and is hereby GRANTED. It is further ORDERED AND ADJUDGED that the decision of the Commissioner be and is hereby ..
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OPINION and ORDER
TERRY F. MOORER, Magistrate Judge.
Now pending before the court is the Unopposed Motion to Reverse and Remand filed by the Commissioner on July 18, 2012. (Doc. No. 15.) 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 Unopposed Motion to Reverse and Remand 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).
Source: Leagle
