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07-865 - Cone v. Astrue (CONSENT)


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07-865 - Cone v. Astrue (CONSENT)
June 16, 2008
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(VACATED PURSUANT TO ORDER 25 MEMORANDUM OPINION it is Ordered that the decision of the Commissioner be and is hereby Reversed and Remanded to the Commissioner for further proceedings consistent with this opinion; It is further Ordered that the plaintiff's motion for leave to file a reply brief 20 be and is hereby denied as moot. Signed by Honorable Charles S. Coody on 6/16/08. (Attachments: # (1) appeals checklists)(vma, ) (furn: Thigpen & Waxman) Modified on 7/18/2008 (djy, ).
June 16, 2008
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(VACATED PURSUANT TO ORDER 25 FINAL JUDGMENT it is Ordered and Adjudged that the decision of the Commissioner be and is hereby reversed and this case be and hereby is remanded to the Commissioner for further consideration and proceedings consistent with the memorandum opinion entered herewith. Signed by Honorable Charles S. Coody on 6/16/08. (Attachments: # (1) appeals checklists)(furn: Thigpen & Waxman)(vma, ) Modified on 7/18/2008 (djy, ).
July 18, 2008
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MEMORANDUM OPINION AND ORDER directing that, purusnat to FRCP 59, the plf's 23 MOTION to Amend or correct judgment be and is hereby GRANTED and the court's Memorandum Opinion and Final Judgment 21 & 22 entered on June 16, 2008 be and are hereby VACATED. Signed by Honorable Charles S. Coody on 7/18/08. Mailed to Chief Judge Thigpen & SSA Office of Hearings & Appeals (djy, ).
July 18, 2008
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MEMORANDUM OPINION AND ORDER directing that the decision of the Commissioner be and is hereby REVERSED and REMANDED to the Commissioner for further proceedings consistent with this opinion; further ORDERING that the plf's motion for leave to file a reply brief 20 be and is hereby DENIED as moot; ORDERING that, in accordance with Bergen v. Commr of Soc. Sec., 454 F.3d 1273, 1278 fn. 2 (11th Cir. 2006), the plf shall have 60 days after she receives notice of any amount of past due benefits awarded to seek attorney's fees under 42 U.S.C. ยง 406(b).See also Blitch v. Astrue, 261 Fed. Appx. 241, 242 fn.1 (11th Cir. 2008). Signed by Honorable Charles S. Coody on 7/18/08. Mailed to SSA Chief Judge & Office of Hearings and Appeals.(djy, )
July 18, 2008
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FINAL JUDGMENT, in accordance with the memorandum opinion, it is ORDERED and ADJUDGED that the decision of the Commissioner be and is hereby REVERSED and this case be and hereby is REMANDED to the Commissioner for further consideration and proceedings consistent with the memorandum opinion entered herewith. Signed by Honorable Charles S. Coody on 7/18/08. (Attachments: # (1) civil appeals checklist). Mailed to SSA Chief Judge & Office of Hearings and Appeals.(djy, )