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07-659 - Stewart v. Commissioner of Social Security


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07-659 - Stewart v. Commissioner of Social Security
December 14, 2007
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Report and Recommended Decision. This court is constrained to conclude that the defendant's final determination must be reversed, and this matter remanded to the defendant for a determination as to the impact of the plaintiff's psychological status upon his ability to engage in substantial gainful work activity. It is, accordingly, recommended that an order of remand be entered pursuant to the fourth sentence of 42 U.S.C. 405(g). Objections to R&R due by 12/28/2007. Signed by Magistrate Judge David S. Perelman on 12/14/07. (W,Jo)
April 15, 2008
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Order Adopting Report and Recommendation re 16 Report and Recommendation, thus REVERSING the Commissioner of Social Security's decision and REMANDING the case for further proceedings not inconsistent with this opinion. Signed by Judge Kathleen M. O'Malley on 4/15/08. (E,P)
July 28, 2008
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Report and Recommended Decision. Plaintiff has moved for an award of attorney's fees pursuant to the Equal Access to Justic Act, 28 U.S.C 2412 in the amount of $1,737.50 re 20. The defendant has responded that the application will not be opposed. It is recommended that plaintiff's application be granted in the amount requested. Objections to R&R due by 8/11/2008. Signed by Magistrate Judge David S. Perelman on 7/28/08. (W,Jo)
August 6, 2008
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Order. Magistrate Judge's Report and Recommendation 23 is ADOPTED. Plaintiff's Motion for award of attorney fees 20 is GRANTED in the amount requested of $1,737.50. Judge Kathleen M. O'Malley on 8/6/2008. (H,CM)