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15-246 - Kooser v. Commissioner of Social Security


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15-246 - Kooser v. Commissioner of Social Security
August 2, 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 Barbara A Kooser. Objections to R&R due by 8/19/2016. Signed by Magistrate Judge Michael J. Newman on 8/2/16. (pb)
September 16, 2016
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #17) IN THEIR ENTIRETY; OBJECTIONS OF DEFENDANT CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, TO SAID JUDICIAL FILING (DOC.#18) ARE OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST THE COMMISSIONER, REVERSING THE COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING CAPTIONED CAUSE TO THE DEFENDANT COMMISSIONER, PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. § 405(g), FOR FURTHER PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATIONS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 9/16/16. (kma)
February 15, 2017
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REPORT AND RECOMMENDATION THAT: (1) PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA) (DOC. 23) BE GRANTED; AND (2) PLAINTIFF BE AWARDED $9,453.50 IN EAJA FEES. Objections to R&R due by 3/1/2017. Signed by Magistrate Judge Michael J. Newman on 2/15/17. (kma)
June 2, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS Accordingly, it is hereby ORDERED that: 1. The Report and Recommendation (doc. 26) is ADOPTED in full; 2. Plaintiffs unopposed motion for an EAJA fee award (doc. 23) is GRANTED; 3. Plaintiff is AWARDED $9,453.50 in EAJA fees; and 4. The case remains TERMINATED on the docket of this Court. Signed by Judge Walter H. Rice on 6/1/2017. (srb)