# Brown v. Kijakazi

> District Court, M.D. Alabama · October 28, 2021

URL: https://www.frixlaw.com/law-library/cases/9987540

## Case

- **Court:** District Court, M.D. Alabama
- **Decided:** October 28, 2021
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9987540

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9987540. Public record. Not legal advice.