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Date: 01-27-2023
Case Style:
Case Number: 3:22-cv-638
Judge: Kelly F. Pate
Court: United States District Court for the Middle District of Alabama (Lee County)
Plaintiff's Attorney:
Defendant's Attorney: James Joseph DuBois and Sara Elizabeth Choi
Description: Opelika, Alabama social security disability lawyer represented seeking review the denial of his application for DIWC/DIWW by HHS.
Outcome: Accordingly, it is ORDERED that the Commissioner's motion is GRANTED and that the decision of the Commissioner is REVERSED and REMANDED for further proceedings under 42 U.S.C. § 405(g) consistent with the Commissioner's motion.
It is further ORDERED, in accordance with Bergen v. Comm'r of Soc. Sec., 454 F.3d 1273, 1278 n.2 (11th Cir. 2006), that Plaintiff has 90 days after receipt of notice of an award of past due benefits to seek attorney's fees under 42 U.S.C. § 406(b). See also Blitch v. Astrue, 261 Fed.Appx. 241, 242 n.1 (11th Cir. 2008).
Plaintiff's Experts:
Defendant's Experts:
Comments: