Struggs v. Astrue
||Daphne P. Struggs
||Michael J. Astrue
||June 28, 2010
||US District Court for the Middle District of Alabama
||Charles S. Coody
|Nature of Suit:
||Supplemental Security Income
|Cause of Action:
||42 U.S.C. § 1383
|Jury Demanded By:
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|December 10, 2010
OPINION AND ORDER that defendant's 13 Motion to 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. Commr of Soc. Sec., 454 F.3d 1273, 1278 fn. 2 (11th Cir. 2006), the plaintiff shall have ninety (90) days after th she 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). A separate order will be entered. Signed by Honorable Charles S. Coody on 12/10/2010. (dmn)
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