Gaines v. Astrue (CONSENT), No. 3:2012cv00072 - Document 16 (M.D. Ala. 2012)

Court Description: OPINION AND ORDER that 15 Unopposed Motion to Reverse and Remand is GRANTED; that the decision of the Commissioner is REVERSED and this case is REMANDED to the Commissioner for further proceedings; 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). Signed by Honorable Judge Terry F. Moorer on 7/19/2012. (cc, ) Copies mailed to Office of Hearings and Appeals and SSA Chief Judge.

Download PDF
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION KATHY LATASHA GAINES Plaintiff, v. MICHAEL ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 3:12-cv-72-TFM OPINION and ORDER 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). DONE this 19th day of July, 2012. /s/ Terry F. Moorer TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.