Brown v. Commissioner of Social Security
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|Date Filed||#||Document Text|
|February 23, 2015
ORDER adopting 27 Report and Recommendation of the Magistrate Judge. (1)The Report and Recommendation of the Magistrate Judge is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appella te review. (2) The decision of the Commissioner is REVERSED. This case is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings. (3) The Clerk is directed to terminate any pending motions, en ter a judgment in favor of Plaintiff, and close this case. The final judgment shall state that if Plaintiff ultimately prevails in this case upon remand to the Social Security Administration, any motion for attorney's fees under 42 U.S.C. § ; 406(b) must be filed no later than thirty (30) days after the date of the Social Security letter sent to the plaintiff's counsel of record at the conclusion of the Agency's past due benefit calculation stating the amount withheld for attorney's fees. See In re Procedures for Applying for Attorney Fees under 42 U.S.C. §§ 406(b) and 1383(d)(2), No. 6:12-mc-124-CRL-22 (M.D. Fla. Nov. 13, 2012). Signed by Judge Charlene Edwards Honeywell on 2/23/2015. (BGS)
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