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14-396 - Pannell v. Commissioner of Social Security


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14-396 - Pannell v. Commissioner of Social Security
May 31, 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; (3) PLAINTIFFS REQUEST FOR A SENTENCE SIX REMAND BE DENIED AS MOOT; AND (4) THIS CASE BE CLOSED re 2 Complaint filed by Reginald C Pannell Objections to R&R due by 6/17/2016. Signed by Magistrate Judge Michael J. Newman on 5/31/16. (pb)
June 20, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 16 -The Report and Recommendation 16 is ADOPTED in full, the Commissioner's non-disability determination is REVERSED; Plaintiff's request for a Sentence Six remand is DENIED AS MOOT; 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 6-20-2016. (de)
October 12, 2016
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DECISION AND ORDER granting 20 Joint Motion for Attorney Fees - The parties' Stipulation To Award EAJA Fees (Doc. 20) is accepted, and Defendant shall pay Plaintiff's attorney fees, costs, and expenses under 28 U.S.C. § 2412 in the total amount of $3,712.50, 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, Defendantshall 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 10-12-2016. (de)