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16-128 - Horton v. Commissioner of Social Security


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16-128 - Horton v. Commissioner of Social Security
June 28, 2017
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REPORT AND RECOMMENDATIONS: The Commissioner's non-disability finding be vacated; no finding be made as to whether Plaintiff Tracey Horton 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 7/12/2017. Signed by Magistrate Judge Sharon L. Ovington on 6/28/2017. (lek)
July 13, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 The Report and Recommendations filed on June 28, 2017 13 is ADOPTED in full, the Commissioner's non-disability finding is VACATED; no finding is made as to whether Plaintiff Tracey Horton was under a disability within the meaning of the Social Security Act, this matter is REMANDED to the Social Security Administration under sentence four of 42 U.S.C. ยง 405(g) for further consideration consistent with the Report and Recommendations and this Decision; and the case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 7-13-2017. (de)
October 17, 2017
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DECISION AND ORDER - re 16 Stipulation filed by Commissioner of Social Security -The Parties' Joint Stipulation for an Award of Attorney Fees under the Equal Access to Justice Act 16 is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $3,500.00, Counsel for Defendant shall verify, within thirty days of this Decision and Entry, whether or not Plaintiff 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 Plaintiff's counsel pursuant to the EAJA assignment signed by Plaintiff and counsel; and the case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 10-17-2017. (de)