Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

DONNA R. HARGROVE, 

Plaintiff,

v. CASE NO. 1:11cv54-MP-GRJ

MICHAEL J. ASTRUE,

Commissioner of Social Security,

Defendant.

 /

O R D E R

This matter is before the court on the Report and Recommendation of the

Magistrate Judge, recommending that the decision of the Commissioner, denying benefits,

be reversed and remanded under sentence four of 42 U.S.C. § 405(g). (Doc. 19). The

time for filing objections has passed, and none have been filed. 

The court agrees that the ALJ improperly failed to address the opinions of treating

physician Dr. Eric Sobel and consulting psychologist Dr. Jeffrey Gedney. Also, despite

finding that Plaintiff suffered from "some" limitations regarding reaching, the ALJ did not

determine exactly what those limitations were and then relied exclusively upon the Grids

to direct a finding of no disability. On remand, the ALJ should clarify the extent of Plaintiff’s

reaching limitations and then, if appropriate, obtain testimony from a vocational expert to

address the extent to which Plaintiff’s reaching limitations would erode the base for

unskilled sedentary work. The ALJ, however, is not required to blindly direct the copying

of thousands of pages of medical records. Instead, Plaintiff’s counsel should identify which

of the 1,600 pages of medical records are relevant to Plaintiff’s lupus so that the ALJ then

can make an informed and intelligent decision as to whether the ALJ needs to obtain the

specific medical records in determining whether Plaintiff is disabled. 

Case 1:11-cv-00054-MP-GRJ Document 20 Filed 05/18/12 Page 1 of 3
Page 2 of 3

For the above reasons, this matter will be remanded under sentence four of 42

U.S.C. § 405(g). A remand under sentence four is considered a final judgment. Bergen

v. Commissioner, 454 F.3d 1273 (11th Cir. 2006). Thus, absent a court order stating

otherwise, a successful plaintiff’s counsel would normally have fourteen days after the

order of remand to file a motion with the District Court requesting an award of attorney

fees. Fed. R. Civ. P. 54(d)(2)(B). This Rule has been interpreted by the Eleventh Circuit

to even apply to a request for fees to be paid from plaintiff’s past due benefits pursuant to

42 U.S.C. § 406(b)(1). Bergen, 454 F.3d at 1277-78. However, plaintiff's counsel in such

a case will not know the amount of benefits - and therefore fees - until after the

Commissioner awards benefits, which typically takes longer than fourteen days after the

entry of judgment. Therefore, an extension of time to seek such fees is warranted, and

was recommended by the Bergen opinion. Id. 

Accordingly, it is now ORDERED as follows:

1. The Report and Recommendation of the Magistrate Judge is adopted, the

decision of the Administrative Law Judge is reversed, and this matter is remanded to the

Commissioner.

2. The Clerk is directed to enter final judgment remanding this case to the

Commissioner under sentence four of 42 U.S.C. § 405(g) for further administrative

proceedings in order for the ALJ to (i) to analyze the medical evidence and medical

opinions expressed by Drs. Eric Sobel and Jeffrey Gedney as required by applicable law,

regulations and rulings, (ii) make a specific finding as to the extent of Plaintiff’s reaching

limitations, (iii) determine how those reaching limitations impact and/or erode the sedentary

base, and (iv) if the ALJ again determines Plaintiff is limited to simple, repetitive, noncomplex, unskilled sedentary work, then he should also make a finding as to whether that

restriction affects a wide range of work across the given exertional level.

3. Pursuant to Bergen, proceedings on attorney fees under the Social Security

Act, 42 U.S.C. § 406(b) are stayed until the matter is fully adjudicated upon remand. The

plaintiff shall file a motion to award fees under 406(b) within 30 days after counsel receives

notice from the Commissioner as to plaintiff’s past due benefits.

Case No: 1:11cv54-MP-GRJ

Case 1:11-cv-00054-MP-GRJ Document 20 Filed 05/18/12 Page 2 of 3
Page 3 of 3

4. This stay relates only to attorney fee proceedings under § 406(b) of the

Social Security Act, not to attorney fee proceedings under the Equal Access to Justice Act,

28 U.S.C. § 2412, the latter of which may be adjudicated at this time. 

DONE and ORDERED this 18th day of May, 2012.

 s/ M. Casey Rodgers 

M. CASEY RODGERS

CHIEF UNITED STATES DISTRICT JUDGE

Case No: 1:11cv54-MP-GRJ

Case 1:11-cv-00054-MP-GRJ Document 20 Filed 05/18/12 Page 3 of 3