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14-390 - Layman v. Commissioner of Social Security


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14-390 - Layman v. Commissioner of Social Security
February 8, 2016
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REPORT AND RECOMMENDATION1 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 Charles Layman Objections to R&R due by 2/25/2016. Signed by Magistrate Judge Michael J. Newman on 2/8/16. (pb)
February 26, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS -The Report and Recommendation filed on February 8, 2016 14 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 2-26-2016. (de)
May 27, 2016
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DECISION AND ORDER - re 17 Stipulation filed by Commissioner of Social Security -The parties' Joint Stipulation for an Award of Attorney Fees under the Equal Access To Justice Act 17 is accepted, and Defendant shall pay Plaintiff's attorney fees, costs, and expenses under 28 U.S.C. § 2412 in the total amount of $4,500.00, 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 Judge Thomas M. Rose on 5-27-2016. (de)