Opinion

Brown v. Kijakazi

Court
District Court, M.D. Alabama
Filed
Oct 28, 2021
Cited by
0 cases

The 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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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