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14-325 - Barber v. Commissioner of Social Security

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14-325 - Barber v. Commissioner of Social Security
November 17, 2015
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REPORT AND RECOMMENDATION THAT: (1) THE ALJS NON-DISABILITY FINDING BE FOUND UNSUPPORTED BY SUBSTANTIAL EVIDENCE, AND REVERSED; (2) THIS MATTER BE REMANDED TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR PROCEEDINGS CONSISTENT WITH THIS OPINION; AND (3) THIS CASE BE CLOSED - re 2 Complaint filed by Kristina Barber Objections to R&R due by 12/7/2015. Signed by Magistrate Judge Michael J. Newman on 11/17/2015. (srb) Modified on 11/18/2015 to correct objections to R&R deadline. NEF regenerated (jg).
December 11, 2015
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ORDER ADOPTING REPORT AND RECOMMENDATIONS -The Report and Recommendation 13 is ADOPTED in full, the Commissioner's non-disability determination is REVERSED, this matter is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for further proceedings; and this case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 12-11-2015. (de)
February 25, 2016
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ORDER granting 16 Motion for Attorney Fees -The Motion For Attorney Fees Under Equal Access to Justice Act, 28 U.S.C. § 2412(d) 16) is GRANTED, and Defendant shall pay Plaintiff's attorney fees, costs, and expenses under 28 U.S.C. § 2412 in the total amount of $4,279.95, 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 direct that the award be made payable to Plaintiff's attorney pursuant to an EAJA assignment duly signed by Plaintiff and counsel; and the case remains terminated on the docket of this Court. Signed by Thomas M. Rose on 2-25-2016. (de)