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06-6664 - D'Anna-Calvin v. Barnhart


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06-6664 - D'Anna-Calvin v. Barnhart
March 26, 2008
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MEMORANDUM & ORDER: Defendant Commissioner of Social Security moves to remand the final agency decision that denied plaintiff's claim of disability insurance benefits under Title II of the Social Security Act. Plaintiff cross-moves seeking reversal and a determination of disability, or, in the alternative, a remand to a different hearing office or with a different Administrative Law Judge. After considering the parties' papers, the administrative record, and discussion at oral argument, the Court hereby reverses the decision of the Commissioner and remands for a calculation of benefits pursuant to 42 U.S.C. 405(g). Forwarded for judgment. Ordered by Chief Judge Raymond J. Dearie on 3/25/08. (Chee, Alvin)
December 15, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATION: The Report & Recommendation is therefore adopted in its entirety and plaintiff is to be awarded § 406(b) fees in $36,125.75. It is further ordered that plaintiff's counsel will refund to plaintiff EAJA fees in the amount of $7,426.93 within thirty(30) days following the Commissioner's remittance of §406(b) fees. Forwarded for judgment. Ordered by Chief Judge Raymond J. Dearie on 12/15/2008. (Hugh, Lewis)