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

ERIC MCLEAN, ) ) Plaintiff, ) ) v. ) Civil Action No.: 1:22-cv-635-SMD ) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. )

MEMORANDUM OPINION AND ORDER

On January 31, 2023, the Commissioner filed an Unopposed Motion for Entry of Judgment Under Sentence Four of

(g). Comm’r’s Mot. (Doc. 12). 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 avers that, on remand, the agency “will locate and add the prior medical evidence which supported the comparison point decision and add it to the record in this case for the ALJ’s consideration.” Comm’r’s Br. (Doc. 13) p. 1. The Commissioner states that “[i]f such evidence cannot be located, the agency will follow the procedures as laid out in

(c)(3)(v)” and “will then update the record as necessary and issue a new decision, including a comparison of the evidence prior to the comparison point decision to the current medical evidence.”

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 (Doc. 12) is GRANTED and that the decision of the Commissioner

is hereby REVERSED and REMANDED for further proceedings under

(g) consistent with the Commissioner’s motion. Further, 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 he 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). A separate judgment will issue.

2 Done this 15th day of February, 2023.

Stephen M. Doyle CHIEF U.S. MAGISTRATE JUDGE

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