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15-446 - DeHart v. Commissioner of Social Security


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15-446 - DeHart v. Commissioner of Social Security
November 15, 2016
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REPORT AND RECOMMENDATIONS: The Commissioner's non-disability finding be vacated; no finding be made as to whether Plaintiff Donald Dehart was under a "disability" within the meaning of the Social Security Act; this matter be REMANDED to the Social Security Administration for further consideration consistent with this Report and Recommendations, and any decision adopting this Report and Recommendations; and the case be terminated on the Courts docket. Objections to R&R due by 12/2/2016. Signed by Chief Magistrate Judge Sharon L. Ovington on 11/15/2016. (lek)
December 30, 2016
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES CHIEF MAGISTRATE JUDGE (DOC. #14) IN THEIR ENTIRETY; OBJECTIONS OF PLAINTIFF DONALD DEHART (DOC. #15) TO SAID JUDICIAL FILING ARE OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT CAROLYN W.COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY,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 COMMISSIONER, PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. ยง 405(g), FOR FURTHER PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATIONS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 12/29/16. (kma)
March 17, 2017
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DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The Parties' Joint Stipulation for an Award of Attorney Fees under the EAJA (Doc. # 19) is accepted and the Commissioner shall pay Plaintiffs attorney fees, costs, and expenses in the total amount of $3,800; 2. Counsel for the parties shall verify, within thirty days of this Decision and Entry, whether or not Plaintiff owes a pre-ex isting debt to the United States subject to offset. If no such pre-existing debt exists, Defendant shall pay the EAJA award directly to Plaintiffs counsel pursuant to the EAJA assignment signed by Plaintiff; and 3. The case remains terminated on the docket of this Court. IT IS SO ORDERED. Signed by Judge Walter H. Rice on 3/17/2017. (srb)