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Rhymes v. Colvin

United States District Court, Middle District of Alabama, Southern Division

January 27, 2015

GREGORY RHYMES, Plaintiff,
v.
CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.

OPINION AND ORDER

CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE

On January 27, 2015, the defendant filed a motion to reverse and remand for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 23). The plaintiff does not object to a remand. In addition, the parties have consented to the 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. 23) be and is hereby GRANTED. It is further

ORDERED that the oral argument set for January 29, 2015 be and is hereby CANCELLED. 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 n.2 (11 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.


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