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16-134 - Ulery v. Commissioner of Social Security


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16-134 - Ulery v. Commissioner of Social Security
June 5, 2017
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REPORT AND RECOMMENDATION1 THAT: (1) THE ALJS NON-DISABILITY FINDING BE FOUND UNSUPPORTED BY SUBSTANTIAL EVIDENCE, AND REVERSED; (2) THIS MATTER BE REMANDED TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR PROCEEDINGS CONSISTENT WITH THIS OPINION; AND (3) THIS CASE BE CLOSED - IT IS THEREFORE RECOMMENDED THAT: 1. The Commissioners non-disability finding be found unsupported by substantial evidence, and REVERSED; 2. This matter be REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for proceedings consistent with this opinion; and 3. This case be CLOSED. Objections to R&R due by 6/19/2017. Signed by Magistrate Judge Michael J. Newman on 6/5/2017. (srb)
June 20, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, it is hereby ORDERED that: 1. The Report and Recommendation (Doc. #12) is ADOPTED in full; 2. The Commissioner's non-disability determination is REVERSED; 3. This matter is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for further proceedings; and 4. This case is terminated on the docket of this Court. Signed by Judge Walter H. Rice on 6/20/17. (pb)
September 14, 2017
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ORDER: (1) APPROVING THE PARTIES' JOINT STIPULATION FOR AN AWARDUNDER THE EQUAL ACCESS TO JUSTICE ACT ("EAJA") (DOC. 15); AND (2) AWARDING PLAINTIFF $3,200.00 IN EAJA FEES AND COSTS. Signed by Judge Walter H. Rice on 9/14/2017. (pb)