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12-576 - HOLLOWAY v. COLVIN


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12-576 - HOLLOWAY v. COLVIN
April 11, 2013
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ORDER denying 28 Plaintiff's Motion for Attorney Fees - The Court concludes that the reasons it remanded Mr. Holloway's action are more consistent with a sentence-six remand. In sentence-six cases, "the filing period [for EAJA fees] does not begin until after the post-remand proceedings are completed, the Secretary returns to court, the court enters a final judgment, and the appeal period runs." Shalala, 509 U.S. at 298. Accordingly, the Court DENIES Mr. Holloway's Motion for Attorney's Fees WITHOUT PREJUDICE to refile it after the post-remand proceedings are completed. [Dkt. 28.]. Signed by Judge Jane Magnus-Stinson on 4/11/2013. (JKS)
April 12, 2016
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ORDER granting Plaintiff's 36 Motion to Amend/Correct Remand Orders. The Clerk is directed to REOPEN this action. Signed by Judge Jane Magnus-Stinson on 4/12/2016. (MAC)
March 6, 2017
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ENTRY REVIEWING THE COMMISSIONER'S DECISION - For the reasons stated herein, the Court VACATES the ALJ's decision denying Mr. Holloway supplemental security income during the material period and REMANDS this matter for further proceedings consistent with this opinion pursuant to 42 U.S.C. ยง 405(g) (sentence four). Judgment shall issue accordingly. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 3/6/2017.(JRB)