Adetunji v. Colvin (CONSENT), No. 3:2014cv00203 - Document 14 (M.D. Ala. 2014)

Court Description: OPINION AND ORDER GRANTING defendants' 11 motion for entry of judgment with remand; further ORDERING and ADJUDGING 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; ORDERING that, in accordance with Bergen v. Commr 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 attorneys fees under 42 U.S.C. § 406(b). See also Blitch v. Astrue, 261 Fed. Appx. 241, 242 fn.1 (11th Cir. 2008). Signed by Honorable Judge Charles S. Coody on 8/26/14. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION LINDA M. ADETUNJI, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:14cv203-CSC OPINION and ORDER 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. Done this day of 26th day of August 2014. /s/Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE

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