Amy H. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Middle District of Alabama grants the Commissioner of Social Security’s unopposed motion for entry of judgment with remand. The court reverses the Commissioner’s decision and remands the case under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings, including vocational-expert evidence and a new decision.

Holdings

1. A sentence-four remand was warranted because the Commissioner conceded that reconsideration and further administrative action were necessary, and Plaintiff did not oppose the motion.
2. Plaintiff must seek attorney's fees under 42 U.S.C. § 406(b) within ninety days after receiving notice of any amount of past-due benefits awarded.

Questions Presented

1. Whether the district court should grant the Commissioner's unopposed motion for a sentence-four remand under 42 U.S.C. § 405(g).
2. Whether Plaintiff should be permitted to seek attorney's fees under 42 U.S.C. § 406(b) within ninety days after receiving notice of any past-due benefits awarded on remand.

Disposition

reversed_and_remanded