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16-196 - DAVIS v. BERRYHILL


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16-196 - DAVIS v. BERRYHILL
October 6, 2017
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ORDER ON PLAINTIFF'S BRIEF IN SUPPORT OF REQUEST FOR REVIEW - Plaintiff has shown the ALJ erred in his step three analysis. Therefore, the Court grants Plaintiff's brief in support of appeal. [Filing No. 17.] The decision is remanded under sentence four of 42 U.S.C. ยง 405(g) for further consideration, consistent with this opinion. See Order for details. Signed by Magistrate Judge Tim A. Baker on 10/6/2017. (MAT)
December 21, 2017
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ORDER DENYING RULE 59(e) MOTION - The Court issued an opinion [Filing No. 24] and entered a final judgment [Filing No. 25] in this Social Security appeal, ordering the case remanded to the Administrative Law Judge. The Court found that the ALJ erred in his step three analysis by inadequately addressing medical equivalence. [Filing No. 24, at ECF p. 1.] The Court further noted other issues with the decision that could also be addressed on remand. [Id. at 5-6.] However, the Commissioner filed a motion to alter or amend the judgment under Fed. R. Civ. P. 59(e).Rather than showing manifest error, the Commissioner largely re-hashes arguments that the Court has already considered and rejected. The Commissioner's motion supplements her earlier arguments and cites additional cases, but it fails to show manifest error. Therefore, the Court denies her Rule 59(e) motion. [Filing No. 27.] See Order for details. Signed by Magistrate Judge Tim A. Baker on 12/21/2017. (MAT)
March 16, 2018
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ORDER granting 30 Motion for Attorney Fees - The Court grants Davis's petition for attorneys' fees. [Filing No. 30.] Davis's counsel is awarded $13,3002 in attorneys' fees, to be paid directly to counsel within 70 days. If during this time, the Commissioner discovers that Davis owes an outstanding debt to the government, the Commissioner must file a statement with the Court, along with supporting evidence of the debt, that the Commissioner will exercise the right to offset. See Order for details. Signed by Magistrate Judge Tim A. Baker on 3/16/2018. (MAT)
May 23, 2018
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ORDER denying 35 Rule 59(e) Motion-The Court denies the Deputy Commissioner's motion. However, given the proximity of this order to the impending deadline for the Deputy Commissioner to complete her inquiry and pay Davis's counsel, the Court extends the deadline by seven days to June 5, 2018. Signed by Magistrate Judge Tim A. Baker on 5/23/2018. (CBU)