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13-599 - May v. Commissioner of Social Security


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13-599 - May v. Commissioner of Social Security
February 5, 2015
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REPORT AND RECOMMENDATIONS re 1 Complaint filed by Plaintiff William J May. IT IS RECOMMENDED THAT the decision of the Commissioner to deny Plaintiff DIB and/or SSI benefits be REVERSED and this matter REMANDED, consistent with this opinion, under sentence four of 42 USC Section 405(g). As no further matters remain pending for the Court's review, this case be CLOSED. Objections to R&R due by 2/23/2015. Signed by Magistrate Judge Stephanie K. Bowman on 2/5/2015. (km1)
March 3, 2015
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ORDER adopting Report and Recommendation 13. This case is reversed and remanded. Signed by Judge Sandra S Beckwith on 3/3/15. (mb)
March 15, 2017
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REPORT AND RECOMMENDATIONS re 19 Plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. §406(b)(1). IT IS RECOMMENDED that the Plaintiff's counsel's motion for §406(b)(1)(A) fees 24 be GRANTED, and that Plaintiff's counsel be AWARDED the requested $13,150.00 in fees. Because counsel has already received an EAJA award of $4,816.32, which otherwise would be remitted by counsel to Plaintiff since a greater fee under § 406(b) is being awarded for duplicate work in this Court, IT IS FURTHER RECOMMENDED THAT counsel be awarded a total of $8,333.68 ($13,150.00 - $4,816.32) out of Plaintiff's award of past-due benefits. Such an award will expedite the time in which Plaintiff and his counsel will both receive the full awards due to them, by avoiding the need for counsel to remit the EAJA fee to his client. Objections to R&R due by 3/29/2017. Signed by Magistrate Judge Stephanie K. Bowman on 3/15/2017. (km) Modified Docket Text on 3/15/2017 (km).
April 18, 2017
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ORDER adopting Report and Recommendation re 25 Report and Recommendation granting 19 Motion for Attorney Fees. Signed by Judge Michael R. Barrett on 4/18/17. (ba)