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14-1128 - Constable v. Colvin


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14-1128 - Constable v. Colvin
September 29, 2015
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MEMORANDUM AND ORDER. (See Full Order.) For the aforementioned reasons, I conclude that the ALJ failed to properly evaluate the weight to accord the opinions of treating physician Dr. Daniel Vinson, and therefore her decision was not supported by substantial evidence on the record. As a result, I will remand for the ALJ to render a decision consistent with this order. Accordingly, IT IS HEREBY ORDERED that the decision of the commissioner is reversed and remanded under sentence four of 42 U.S.C. ยง 405(g) for further proceedings consistent with this Memorandum and Order. A separate judgment in accordance with this Memorandum and Order is entered this same date. Signed by District Judge Catherine D. Perry on 9/29/2015. (CBL)
January 6, 2016
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isfy such debt. Signed by District Judge Catherine D. Perry on 1/6/16. (EAB)MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiff's Application for Attorney's Fees under the Equal Access to Justice Act [ECF #23] is GRANTED. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. ยง 2412(d), plaintiff shall recover attorneys fees in the amount of Four Thousand, Six Hundred Eighty-Seven and 50/100 Dollars ($4,687.50). IT IS FURTHER ORDERED that the award shall be made payable to The Law Offices of Daniel A. Parmele, P.C., pursuant to the Affidavit and Assignment of EAJA Fee executed by the plaintiff in this case (see ECF #[23-3]) unless plaintiff has a pre-existing debt owed to the United States, in which case the award shall be made payable to the plaintiff and shall be subject to offset to sat