KRUGER v. ASTRUE, No. 1:2010cv00070 - Document 16 (N.D. Fla. 2010)
Court Description: ORDER ADOPTING REPORT AND RECOMMENDATION 15 Report and Recommendation; GRANTING 14 Motion to Remand. Signed by SENIOR JUDGE MAURICE M PAUL on 11/3/2010. The Clerk is directed to enter final judgment REVERSING the Commissioner's decision to deny benefits, and REMANDING the application to the Commissioner for rehearing pursuant to sentence four of 42 U.S.C. § 405(g) and for the purposes stated in the motion. (kdm)
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KRUGER v. ASTRUE Doc. 16 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION LINDA KRUGER, Plaintiff, v. CASE NO. 1:10-cv-00070-MP-WCS MICHAEL J ASTRUE, Defendant. _____________________________/ ORDER This matter is before the Court on Doc. 15, Report and Recommendation of the Magistrate Judge, recommending that this matter be remanded to the Commissioner under sentence four of 405(g). The Claimant does not object. ORDERED AND ADJUDGED: 1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein. 2. Defendant's motion for entry of judgment and remand, doc. 13, is granted. The Clerk is directed to enter final judgment REVERSING the Commissioner's decision to deny benefits, and REMANDING the application to the Commissioner for rehearing pursuant to sentence four of 42 U.S.C. § 405(g) and for the purposes stated in the motion. 3. Pursuant to Bergen v. Commissioner, 454 F.3d 1273, 1277-78 (11th Cir. 2006), proceedings on attorney fees under the Social Security Act, 42 U.S.C. § 406(b) are stayed until the matter is fully adjudicated upon remand. The Plaintiff shall file a motion to award fees under 406(b) within 30 days after counsel receives notice from the Defendant Commissioner as to Plaintiff’s past due benefits. Dockets.Justia.com Page 2 of 2 4. This stay relates only to attorney fee proceedings under § 406(b) of the Social Security Act, not to attorney fee proceedings under the Equal Access to Justice Act, 28 U.S.C. § 2412, the latter of which may be adjudicated at this time. DONE AND ORDERED this 3rd day of November, 2010 s/Maurice M. Paul Maurice M. Paul, Senior District Judge Case No: 1:10-cv-00070-MP-WCS
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