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14-869 - Mack v. Colvin (CONSENT)


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14-869 - Mack v. Colvin (CONSENT)
March 30, 2016
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MEMORANDUM OPINION AND ORDER directing that this case will be reversed and remanded to the Commissioner for further proceedings consistent with this opinion; in addition to the foregoing, the court strongly suggests but does not order that upon remand, the Commissioner refer this case to another ALJ for further consideration; It is evident that the ALJ in this case has lost his objectivity regarding this case; further ORDERING 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 receipt of notice of any amount of past due benefits awarded to seek attorney's fees under 42 U.S.C. § 406(b). Signed by Honorable Judge Charles S. Coody on 3/30/16. (djy, )
July 8, 2016
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MEMORANDUM OPINION AND ORDER: ORDERED as follows: 1. That the motion for attorney's fees (doc. # 17) be and is hereby GRANTED and the plaintiff be and is hereby AWARDED fees in the amount of $2,312.50. 2. To the extent that plaintiff's counsel requests that fees should be awarded to directly to counsel, 28 U.S.C. § 2412(d)(1)(A) authorizes the court to award fees to the prevailing party. See 28 U.S.C. § (d)(2)(B). See also Reeves, supra. The motion that fees be paid directly to counsel be and is hereby DENIED. Signed by Honorable Judge Charles S. Coody on 7/8/2016. (kh, )