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07-174 - Barker v. Commissioner of SSA


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07-174 - Barker v. Commissioner of SSA
July 17, 2008
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REPORT AND RECOMMENDATIONS THAT: 1. The Commissioner's non-disability finding be vacated; 2. No finding be made as to whether Plaintiff Betty Barker was under a "disability" within the meaning of the Social Security Act during the periodof time at issue; 3. This case be remanded to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. 405(g) for further consideration consistent with this Report; and 4. The case be terminated on the docket of this Court. Objections to R&R due by 8/4/2008. Signed by Magistrate Judge Sharon L Ovington on 7/17/2008. (sc1, )
September 29, 2008
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 11 ) IN THEIR ENTIRETY; PLAINTIFF'S OBJECTIONS IN PART TO SAID JUDICIAL FILING (DOC. 12) OVERRULED; JUDGMENT TO BE ENTERED IN FAVOROF PLAINTIFF AND AGAINST DEFENDANT COMMISSIONER, VACATING COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED, AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING THE CAPTIONED CAUSE TO THEDEFENDANT COMMISSIONER, PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g), FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION AND THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS; TERMINATION ENTRY. Signed by Judge Walter H Rice on 9/29/2008. (sc1, )
December 5, 2008
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DECISION AND ORDER - the Court hereby ORDERS that: 1. Plaintiff's Motion For Attorney Fees Under The Equal Access To Justice Act, 28 U.S.C. 2412(d) (Doc. 17 ) is GRANTED; 2. The Conunissioner shall pay Plaintiffs attorney fees and pursuant to the EAJA in the total amount of $3,365.60; and Motion for Attorney Fees. 3. The case remains terminated on the docket of this Court. Signed by Judge Walter H Rice on 12/05/2008. (sc1, )