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16-057 - Dalton v. Commissioner of Social Security


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16-057 - Dalton v. Commissioner of Social Security
January 24, 2017
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REPORT AND RECOMMENDATIONS: The Commissioner's non-disability finding be vacated; no finding be made as to whether Plaintiff Tammy M. Dalton 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 Court's docket. Objections to R&R due by 2/7/2017. Signed by Magistrate Judge Sharon L. Ovington on 1/24/2017. (lek)
February 27, 2017
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kma)DECISION AND ENTRY ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #14); OBJECTIONS OF DEFENDANT NANCY A. BERRYHILL, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, TO SAID JUDICIAL FILING (DOC. #15) ARE OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF TAMMY M. DALTON AND AGAINST COMMISSIONER, REVERSING THE DEFENDANT COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, ANDREMANDING THE CAPTIONED CAUSE TO THE DEFENDANT COMMISSIONER, PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), FOR AN IMMEDIATE AWARD OF BENEFITS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 2/27/17. (
January 5, 2018
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REPORT AND RECOMMENDATIONS: IT IS THEREFORE RECOMMENDED THAT:1. The Motion For Allowance Of Attorney Fees filed by Plaintiffs counsel(Doc. #20) be GRANTED, and the Commissioner be directed to payPlaintiffs attorney fees pursuant to 42 U.S.C. § 406(b) in the total amountof $11,958.00; 2. In the event Plaintiffs counsel has received payment of attorney fees under the Equal Access to Justice Act (Doc. #19), Plaintiffs counsel shall refund such amount ($3,900.00) directly to Plaintiff; and3. The case remain terminated on the docket of this Court. Objections to R&R due by 1/19/2018. Signed by Magistrate Judge Sharon L. Ovington on 1/5/18. (kma)
January 23, 2018
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DECISION AND ENTRY- The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #22), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. It is therefore ORDERED that: 1. The Report and Recommendations docketedminated on the Court's docket. Signed by Judge Walter H. Rice on 1/23/18. (kma) on January 5, 2018 (Doc. #22) is ADOPTED in full; 2. The Motion For Allowance Of Attorney Fees filed by Plaintiffs counsel (Doc. #20) is GRANTED, and the Commissioner is directed to pay Plaintiffs attorney fees pursuant to 42 U.S.C. § 406(b) in the total amountof $11,958.00; 3. Plaintiff's counsel is ordered to refund directly to Plaintiff the amount of attorney fees previously paid to her counsel under the Equal Access to Justice Act (Doc. #19); and 4. The case remains ter