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15-620 - McLark v. Colvin


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15-620 - McLark v. Colvin
March 3, 2016
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les on 3/3/2016. Transcript of Decision attached. (jmb) Modified on 3/3/2016 to note that the transcript it attached. (jmb)clerk is directed to enter judgment, based upon this determination, the # 1 Complaint as to Karen McLark is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. 405(g) and this case is closed. Signed by Magistrate Judge David E. PeebORDER: It is Ordered that Defendant's # 15 Motion for Judgment on the Pleadings is DENIED. Plaintiff's # 14 Motion for Judgment on the Pleadings is GRANTED. The Commissioner's determination that plaintiff was notdisabled at the relevant times, and thus is not entitled to benefits under theSocial Security Act, is VACATED. The matter is hereby REMANDED to the Commissioner, with a directed finding of disability, for the purpose of calculating benefits owing to the plaintiff. The
March 3, 2016
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JUDGMENT: in favor of Karen McLark against Carolyn W. Colvin, Commissioner of Social Security. Case Remanded to the Commissioner pursuant to sentence four of 42 U.S.C. 405(g), with a directed finding of disability, for the purpose of calculating benefits owing to the plaintiff Karen McLark. (jmb)
October 27, 2016
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DECISION & ORDER: Granting the # 21 Motion for Attorney Fees. It is Ordered that Plaintiff's attorney is hereby awarded attorney's fees of $20,037.00, to be paid by the Acting Commissioner out of the amounts being withheld from payment to plaintiff of past benefits owed in accordance with the court's prior order and judgment in this matter and the foregoing order is conditioned upon the requirement that plaintiff's attorney refund the plaintiff the amount of $11,400.00, representing prior fees recovered by counsel under the EAJA. Signed by Magistrate Judge David E. Peebles on 10/27/2016. (jmb)