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14-2463 - (SS) De Gowin v. Commissioner of Social Security


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14-2463 - (SS) De Gowin v. Commissioner of Social Security
March 17, 2015
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STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 3/16/2015 GRANTING 15 the parties stipulated request for an extention of time; Plaintiff is GRANTED an additinal 30 days to file his Opening Brief. (Reader, L)
August 18, 2015
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ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 8/17/15. Plaintiff shall show good cause within 14 days for failing to file a timely opening brief. (Manzer, C)
February 4, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/4/16 Recommending that Plaintiff's 19 MOTION for SUMMARY JUDGMENT be granted; Defendant's CROSS MOTION for SUMMARY JUDGMENT 21 be denied; The decision of the Commissioner of Social Security be reversed and This case be remanded for further proceedings consistent with this order. These Findings and Recommendations are submitted to U.S. District Judge Kimberly J. Mueller. Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)
September 7, 2016
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ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 9/2/16 ORDERING that within fourteen days of the date of this order defendant shall show cause in writing as to why defendant should not be sanctioned for failing to file a timely response to plaintiffs motion.(Washington, S)
December 14, 2016
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FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/13/2016 RECOMMENDING that Plaintiff's 27 motion for attorney fees under the Equal Access to Justice Act be granted; Plaintiff be awarded $6,556.99 in attorney fees and $400 in costs under 28:2412(d); and Defendant be directed to determine whether plaintiff's EAJA attorney's fees are subject to any offset permitted under the U.S. Department of the Treasury's Offset Program and, if the fees are not subject to an offset, be directed to honor plaintiff's assignment of EAJA fees and shall cause the payment of fees to be made directly to plaintiff's counsel pursuant to the assignment executed by plaintiff; Referred to Judge Kimberly J. Mueller; Objections due within 14 days after being served with these F & R's. (Reader, L)
January 19, 2017
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 01/18/2017 VACATING 35 Findings and Recommendations; and RECOMMENDING that 27 Plaintiff's motion for attorney fees under the Equal Access to Justice Act be Granted; Plaintiff be awarded $6,556.99 in attorney fees and $400 in costs under 28 U.S.C. ยง 2412(d); Defendant be directed to determine whether plaintiff's EAJA attorney's fees are subject to any offset permitted under the United States Department of the Treasury's Offset Program and, if the fees are not subject to an offset, shall cause payment of fees to be made directly to Plaintiff unless the Government decides to accept the assignment of fees; and Defendant be directed to mail the payment to plaintiffs counsel. Referred to Judge Kimberly J. Mueller. Objections are due within 14 days after being served with these findings and recommendations. (Jackson, T)
February 6, 2018
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ly J. Mueller; Objections to these F&Rs due within 14 days. (Benson, A.)FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 02/05/18 RECOMMENDING that the 39 Motion for Attorney Fees be granted; counsel for plaintiff be awarded $17,028.75; the Commissioner be directed to pay the fee forthwith and remit to plaintiff the remainder any withheld benefits; and upon receipt of the $17,028.75 in attorney fees, counsel be directed to reimburse plaintiff any amount previously paid by the government under the EAJA. Referred to Judge Kimber
March 30, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 3/30/2018 ADOPTING 37 Findings and Recommendations as supplemented by this order and GRANTING 27 Motion for Attorney fees. Plaintiff is AWARDED $6,556.99 in attorneys fees and $400 in costs. Defendant is DIRECTED to determine whether plaintiff's EAJA attorney fees are subject to any offset. Defendant is DIRECTED to mail the payment of EAJA fees to plaintiff's counsel. It is FURTHER ORDERED that the 42 Findings and Recommendations are ADOPTED in full and GRANTING 39 Motion for Attorney fees. Counsel for plaintiff is AWARDED $17,028.75 in attorneys fees. The Commissioner is DIRECTED to pay the fee forthwith and remit to plaintiff the remainder of any withheld benefits. Upon receipt of the $17,028.75 in attorney fees, counsel is directed to reimburse plaintiff any amount previously paid by the government under the EAJA or, if payment of the EAJA fees is received after payment of the 406(b) fees, to reimburse plaintiff upon receipt of the EAJA fee award. (Donati, J)