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14-135 - Brown v. Commissioner of Social Security


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14-135 - Brown v. Commissioner of Social Security
June 18, 2015
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REPORT AND RECOMMENDATIONS: 1) the Commissioner's non-disability finding be vacated; 2) no finding be made as to whether Plaintiff Gary Brown, Jr. was under a "disability"; 3) this case be remanded to the Commissioner and the Administrative Law Judge for further consideration; and 4) the case be terminated on the docket of this Court. Objections to R&R due by 7/6/2015. Signed by Chief Magistrate Judge Sharon L. Ovington on 6/18/15. (mcm1)
July 7, 2015
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DECISION AND ENTRY - ORDERED that: The Report and Recommendations filed on June 18, 2015 (Doc. # 12) is ADOPTED in full; The Commissioner's non-disability finding is VACATED; No finding is made regarding whether Plaintiff Gary Brown, Jr. is under a "disability" within the meaning of the Social Security Act; This matter is REMANDED to the Social Security Administration pursuant to Sentence Four of 42 U.S.C. §405(g) for further proceedings consistent with the Report and Recommendations, and this Decision and Entry; and The case is tenninated on the docket of this Court.. Signed by Judge Walter H Rice on 7/7/2015. (srb)
September 30, 2015
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DECISION AND ENTRY - his case is before the Court upon the parties' Joint Stipulation For An Award Of Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412. (Doc. #15). The parties agree that Plaintiff is entitled to an EAJA award of attorney fees, costs, and expenses in the total amount of$3,250.00. The parties have further agreed that the EAJA award in the agreed amount will settle all of Plaintiff's EAJA claims in this case. Under the parties' agreement, any EAJA fees paid belong to Plaintiff and not her attorney and can be offset to satisfy pre-existing debt that Plaintiff owes the United States pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010). Accordingly, the Court hereby ORDERS that:. The Parties' Joint Stipulation For An Of Attorney Fees Award Under EAJA (Doc. # 15) is accepted and the Commissioner shall pay Plaintiffs attorney fees, costs, and expenses in the total amount of $3,250.00; 2. Defendant shall verify, within thirty days of this Decision and Order, whether or not Plaintiff owes a pre-existing debt to the United States subject to offset. If no such pre-existing debt exists, Defendant shall pay the EAJA award directly to Plaintiffs counsel; and 3. The case remains tenninated on the docket of this Court.. Signed by Judge Walter H. Rice on 9/30/2015. (ead)
July 18, 2017
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DECISION AND ENTRY - Accordingly, the Court hereby ORDERS that: 1. The Motion For Allowance Of Attorney Fees filed by Plaintiff's attorney (Doc. #17) is GRANTED; 2. The Commissioner shall pay Plaintiff's attorney fees pursuant to 42 U.S.C.§ 406(b)(1) in the amount of $12,330.25; 3. Plaintiff's counsel shall refund to Plaintiff the amount of attorney fees, if any, he has actually received under the Equal Access To Justice Act; and 4. The case remains terminated on the docket of this Court. Signed by Judge Walter H. Rice on 7/18/17. (pb) Modified on 7/19/2017 to correct docket text(srb).