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15-5005 - Linden v. Berryhill


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15-5005 - Linden v. Berryhill
October 19, 2015
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MEMORANDUM AND ORDER- Plaintiff's application to proceed in forma pauperis is granted, and the complaint shall be filed without payment of fees. The Clerk of the Court shall send a copy of this memorandum and order together with three summons forms and three copies of Form 285 to the plaintiff's attorney of record for service of process on the United States. If requested to do so, the United States Marshal shall serve all process in this case without prepayment of fees from the plaintiff. In making such a request, plaintiff's counsel must complete the Marshal's Form 285, to be submitted to the Marshal with the completed summons forms and copies of the complaint. Without those forms, service of process by the Marshal cannot occur. This order is entered without prejudice to the Court later entering an order taxing costs in this case. No one, including any plaintiff, is relieved by this order from the obligation to pay or to reimburse taxable costs after this action is over. Ordered by Judge John M. Gerrard. (Copies mailed as directed with 3 summons and 3 Form 285)(MKR)
April 14, 2017
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MEMORANDUM AND ORDER that based on the lack of medical evidence in the record supporting the ALJ's determination of Linden's RFC, and the ALJ's failure to develop the record (particularly in light of the ALJ's partial rejection of the medical evidence that was in the record), the Court will reverse the Commissioner's decision and remand this case to the Social Security Administration for further proceedings consistent with this opinion. IT IS ORDERED: This case is reversed and remanded to the Commissioner for further proceedings consistent with this opinion. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (ADB)
July 26, 2017
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MEMORANDUM AND ORDER that the Clerk of the Court is directed to substitute Acting Commissioner of Social Security Nancy A. Berryhill as the defendant. Plaintiff's Application for Attorney Fees Pursuant under the Equal Access to Justice Act 21 is granted. By separate document, the Court shall enter judgment for the plaintiff and against the defendant providing that the plaintiff is awarded attorney fees of $5,965.83. Ordered by Judge John M. Gerrard. (MLF, )