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07-952 - Brandt v. Commissioner of Social Security


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07-952 - Brandt v. Commissioner of Social Security
February 13, 2008
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Report and Recommended Decision. The parties have submitted a "Joint Stipulation To Reverse With Remand" re18 and a "Stipulation To Award Of Attorney Fees Under the Equal Access To Justice Act," re 19, 28 U.S.C. 242, calling for a fee award to the plaintiff in the sum of $4,800.00. It is recommended that each of the stipulations be approved. Objections to R&R due by 2/27/2008. Signed by Magistrate Judge David S. Perelman on 2/13/08. (W,Jo)
February 25, 2008
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Memorandum Opinion and Order adopting the Report and Recommendation of Magistrate Judge Perelman (Related Doc # 20). Defendant's final determination is reversed. Pursuant to sentence four of 42 U.S.C. Section 405(g), this matter is hereby remanded to the Commissioner for a new hearing and entry of decision based thereon. In addition, Plaintiff is awarded attorney's fees of $4,800 under the Equal Access to Justice Act, payable directly to Plaintiff's counsel, Paulette F. Balin. The award of attorney's fees fully satisfies Plaintiff's claim for fees, costs, and expenses under 28 U.S.C. Section 2412, that may be payable in this case. The case is closed. Signed by Judge Sara Lioi on 2/25/2008. (P,J)