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05-345 - Dixie v. Barnhart


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05-345 - Dixie v. Barnhart
June 30, 2006
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REPORT AND RECOMMENDATION: that plaintiff's 15 Letter Motion to remand for consideration of "new and material" evidence be DENIED, and it is RECOMMENDED, that the decision of the Commissioner be AFFIRMED and the complaint be DISMISSED. Objections to R&R due by 7/17/2006. Signed by Judge Gustave J. DiBianco on 6/30/06. (dmf)
June 12, 2008
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MEMORANDUM, DECISION AND ORDER -- the 18 REPORT AND RECOMMENDATIONS is rejected to the extent it recommends a conclusion that the assumption upon which the vocational expert based his opinion, specifically, that, the plaintiff has a "limited education", is supported by substantial evidence and the Court renders no decision regarding whether the jobs of lobby attendant and usher exist in significant number. The Court, otherwise, adopts the 18 REPORT AND RECOMMENDATIONS in its entirety, and this case is remanded to the Commissioner for further proceedings, consistent with this opinion. Signed by Chief Judge Norman A. Mordue on 6/12/08. (mnm)
June 25, 2008
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Amended Judgment - Case is remanded back to the Commissioner for further proceedings. Signed by Marie N. Marra, Deputy Clerk. (mnm)
August 8, 2008
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JUDGMENT on Attorney Fees - it was stipulated by and between the attorneys for the parties in the instant action, and that no party to this action is an infant or incompetent person and that an attorney fee under the Equal Access to Justice Act, 28 U.S.C. 2412, in the amount of $5,717.79 be and hereby is payable to Jennifer Gale Smith. (mnm)