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Adetunji v. Colvin

United States District Court, M.D. Alabama, Eastern Division

August 26, 2014

LINDA M. ADETUNJI, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

OPINION and ORDER

CHARLES S. COODY, Magistrate Judge.

On August 18, 2014, the defendant filed a motion for entry of judgment under sentence four of 42 U.S.C. § 405(g) with remand for further proceedings. See Docs. # 11. 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 for entry of judgment with remand (doc. # 11) 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 he 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 final judgment will be entered.


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