IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION

SHANA MYERS, ) ) Plaintiff, ) ) v. ) Civil Action No.: 1:20-cv-748-SMD ) KILOLO KIJAKAZI,1 ) Acting Commissioner of Social Security, ) ) Defendant. )

MEMORANDUM OPINION AND ORDER

On July 12, 2021, the Commissioner filed an Unopposed Motion for Entry of Judgment with Remand. Comm’r’s Mot. (Doc. 20). The Commissioner requests that the Court reverse the Commissioner’s decision and remand this case for further consideration and administrative action pursuant to sentence four of

(g).

. The Commissioner states that, on remand, the Commissioner shall “obtain[ ] supplemental evidence from a vocational expert (VE), clarify[ ] any conflicts between the VE’s testimony and the Dictionary of Occupational Titles, and articulat[e] any such conflicts in the decision[.]”

. Further, the Commissioner avers that the Commissioner shall “offer[ ] Plaintiff the opportunity for a hearing; tak[e] any further action needed to complete the administrative record; and issu[e] a new decision.”

1 Kilolo Kijakazi, the acting Commissioner of the Social Security Administration, is substituted for Andrew Saul as Defendant in his official capacity in this action. See FED. R. CIV. P. 25(d). Sentence four of

(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.”

(g). The district court may remand a case to the Commissioner for a rehearing if the court finds “either . . . the decision is not supported by substantial

evidence, or . . . the Commissioner or the ALJ incorrectly applied the law relevant to the disability claim.” Jackson v. Chater,

(11th Cir. 1996). In this case, the Court finds reversal and remand necessary as the Commissioner concedes reconsideration and further administrative actions are necessary. Furthermore, Plaintiff does not oppose the motion. Accordingly, it is

ORDERED that the Commissioner’s Unopposed Motion for Entry of Judgment Under Sentence Four of

(g) (Doc. 20) is GRANTED. It is further ORDERED AND ADJUDGED that the decision of the Commissioner is hereby REVERSED and this case be and is hereby REMANDED to the Commissioner for further proceedings. Finally, it is

ORDERED that, in accordance with Bergen v. Comm’r of Soc. Sec.,

, 1278 n.2 (11th Cir. 2006), 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,

, 241 n.1 (11th Cir. 2008).

2 Done this 13th day of July, 2021.

Stephen M. Doyle CHIEF U.S. MAGISTRATE JUDGE

3