Brown v. Kijakazi

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION

LILLIE BROWN, ) ) Plaintiff, ) ) v. ) CIVIL ACT. NO. 3:21-cv-69-ECM ) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. )

MEMORANDUM OPINION and ORDER

On October 4, 2021, the Defendant filed a motion for entry of judgment with reversal pursuant to sentence four of 42 U.S.C. § 405(g) with remand for further proceedings. (Doc. 22). The Plaintiff has filed nothing in opposition to the motion. Accordingly, for good cause, it is ORDERED as follows that: 1. the Defendant’s motion for entry of judgment with remand (doc. 22) is GRANTED; 2. the decision of the Commissioner is REVERSED, and this case is REMANDED to the Commissioner for further proceedings; and 3. in accordance with Bergen v. Comm’r of Soc. Sec., 454 F.3d 1273, 1278 n.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 F. App’x 241, 242 n.1 (11th Cir. 2008). A separate final judgment will be entered. Done this 28th day of October, 2021. /s/ Emily C. Marks EMILY C. MARKS CHIEF UNITED STATES DISTRICT JUDGE