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Date: 01-27-2023

Case Style:

Steven Higgins v. Social Security Administration

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:

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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.

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The Commissioner has filed an Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g). Doc. 12. Sentence four of 42 U.S.C. § 405(g) authorizes the district court to “enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). A district court may remand a case to the Commissioner for a rehearing if the court finds “the decision is not supported by substantial evidence [or the Commissioner or ALJ] incorrectly applied the law relevant to the disability claim.” Jackson v. Chater, 99 F.3d 1086, 1092 (11th Cir. 1996). The parties in this case consented to entry of final judgment by the United States Magistrate Judge under 28 U.S.C. § 636(c).

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).

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