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07-975 - Tillery v. Astrue (CONSENT)


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07-975 - Tillery v. Astrue (CONSENT)
July 18, 2008
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MEMORANDUM OPINION AND ORDER directing that this case be reversed and remanded to the Commissioner for further proceedings consistent with this opinion; further ORDERING that, in accordance with Bergen v. Commr of Soc. Sec., 454 F.3d 1273, 1278 fn. 2 (11th Cir. 2006), the plaintiff shall have sixty (60) days after she receives notice of any amount of past due benefits awarded to seek attorneys 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, )
September 18, 2008
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ORDER as follows: 1) That the plaintiff's application for attorney's fees and expenses 26 be and is hereby granted to the extent that the plaintiff be and is hereby awarded fees and expenses in the amount of $ 5,887.38; 2) To the extent that plaintiff's counsel requests that fees should be awarded to directly to counsel, 28 USC 2412(d)(1)(A) authorizes the court to award fees to the prevailing party; See 28 USC (d)(2)(B); See also Reeves v. Astrue_F.3d_, 2008 WL 1930587 (11th Cir. May 5, 2008) (No. 07-11404); The motion that fees be paid directly to counsel be and is hereby denied. Signed by Honorable Charles S. Coody on 9/18/08. (vma, )