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16-074 - Collins v. Commissioner of Social Security


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16-074 - Collins v. Commissioner of Social Security
January 24, 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 Percy Collins, Jr. was under a "disability" within the meaning of the Social Security Act; 3) This case be remanded to the Social Security Administration for further consideration; and 4) The case be terminated on the docket of this Court. Objections to R&R due by 2/7/2017. Signed by Magistrate Judge Sharon L. Ovington on 1/24/17. (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 9, 2017
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se remains terminated on the docket of this Court. Signed by Judge Walter H. Rice on 5/9/2017. (srb)f Plaintiff's attorne fees, costs, and expenses in the total amount of $3,600.00 be made payable to Plaintiff's counsel; 2. Counsel for the parties shall verify, within thirty days of this Decision and Entry, whether or not PlaintiffDECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. 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 direct that an award o owes a pre-existing 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 counsel]; and 3. The ca