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15-429 - Beal v. Commissioner of Social Security


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15-429 - Beal v. Commissioner of Social Security
January 17, 2017
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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 Felicia Beal was under a disability; 3) This case be remanded to the Commissioner and the Administrative Law Judge for further consideration consistent with this Report; and 4)The case be terminated on the docket of this Court. Objections to R&R due by 1/31/2017. Signed by Chief Magistrate Judge Sharon L. Ovington on 1-17-16. (mcm)
February 14, 2017
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DECISION AND ENTRY ADOPTING IN THEIR ENTIRETY REPORTAND RECOMMENDATIONS OF UNITED STATES MAGISTRATEJUDGE (DOC. #12); JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT NANCY A. BERRYHILL, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, REVERSING THE DEFENDANT COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING THE CAPTIONED CAUSE TO THE DEFENDANT COMMISSIONER, PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. ยง 405(g), FOR FURTHER ADMINISTRATIVE PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATIONS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 2/14/17. (pb)
May 3, 2017
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DECISION AND ENTRY - Accordingly. the Court hereby ORDERS that: I. The parties Joint Stipulation And Assignment For An Award Of Attorney Fees Under The Equal Access To Justice Act (Doc. # 15) is ACCEPTED, and the Commissioner shall pay Plaintiffs attorney fees, costs, and expenses in the total amount of $5,l00.00; 2. Counsel for the parties shall verify, within thirty days of this Decision and Order, whether or not Plaintiff owes a pre-existing debt to the United States that is subject to offset. If no such pre-existing debt exists, the Commissioner shall direct that this EAJA award be made payable to Plaintiff's attorney; and 3. The case remains terminated on the docket of this Court.granting 15 Motion for Attorney Fees. Signed by Judge Walter H. Rice on 5/3/17. (pb)