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07-224 - LeMasters v. Commissioner of Social Security


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07-224 - LeMasters v. Commissioner of Social Security
August 11, 2008
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REPORT AND RECOMMENDATIONS THAT: 1. The Plaintiff's Motion for Remand (Doc. 11 ; see Doc. 14 ) under Sentence 6 of 42 U.S.C. 405(g) be denied; 2. The Commissioner's non-disability finding be vacated; 3. No finding be made as to whether Plaintiff Larry V. LeMasters was under a "disability" within the meaning of the Social Security Act; 4. This case be remanded to the Commissioner and the Administrative Law Judge under Sentence 4 of 42 U.S.C. 405(g) for further consideration consistent with this Report; and 5. The case be terminated on the docket of this Court. Objections to R&R due by 8/28/2008. Signed by Magistrate Judge Sharon L Ovington on 8/11/2008. (sc1, )
September 25, 2008
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 16 ) IN THEIR ENTIRETY; DEFENDANT'S OBJECTIONS TO SAID JUDICIAL FILING (DOC. 17 ) OVERRULED; JUDGMENT TO ENTER IN FAVOR OF DEFENDANT COMMISSIONER, DENYING PLAINTIFF'S MOTION FOR REMAND, PURSUANT TO SENTENCE SIX OF 42 U.S.C. 405(g); AND IN FAVOR OF THE PLAINTIFF AND AGAINST SAID DEFENDANT, VACATING THE COMMISSIONER'S FINDING OF NON-DISABILITY; MAKING NO FINDING AS TO WHETHER PLAINTIFF WAS DISABLED, AND, THEREFORE, ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT; AND REMANDING THE CAPTIONED CAUSE TO THE DEFENDANT COMMISSIONER AND THE ADMINISTRATIVE LAW JUDGE, PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g), FOR FURTHER CONSIDERATION AND PROCEEDINGS CONSISTENT WITH HER REPORT AND RECOMMENDATIONS; TERMINATION ENTRY. Signed by Judge Walter H Rice on 9/25/2008. (sc1, )
December 10, 2008
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ORDER- Accordingly, the Court hereby ORDERS that: 1. The parties' Joint Motion To Award Attorney Fees Under The Equal Access to Justice Act (Doc. 20 ) is GRANTED; 2. Pursuant to the EAJA, the Commissioner shall pay Plaintiff Larry V. LeMaster's attorney fees and expenses directly to Plaintiffs counsel in the amount of $3,300.00; and 3. The case remains terminated on the docket of this Court. Signed by Judge Walter H Rice on 12/09/2008. (sc1, )