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16-196 - Mercer v. Colvin(CONSENT)


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16-196 - Mercer v. Colvin(CONSENT)
April 26, 2018
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MEMORANDUM OPINION AND ORDER: For these reasons, the court concludes that this case must be remanded to the Commissioner for further development consistent with the requirements of the applicable regulations and rulings, taking into consideration of all of the evidence and resolving any ambiguities concerning the plaintiff's alleged drug or alcohol abuse. A separate final judgment will be entered. ORDERED that, in accordance with Bergen v. Comm'r of Soc. Sec., 454 F.3d 1273, 1278 fn. 2 (11th Cir. 2006), the plaintiff shall have sixty (60) 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, 261 Fed. Appx. 241, 242 fn.1 (11th Cir. 2008). Signed by Honorable Judge Charles S. Coody on 4/26/2018. (kh, )