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16-138 - Caraway v. Commissioner of Social Security


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16-138 - Caraway v. Commissioner of Social Security
July 31, 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. re 2 Complaint. Objections to R&R due by 8/14/2017. Signed by Magistrate Judge Michael J. Newman on 7/31/17. (kma)
August 17, 2017
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ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL J. NEWMAN 11, OVERRULING DEFENDANT'S OBJECTIONS 12, FINDING THE ALJ'S NON-DISABILITY DETERMINATION TO BE UNSUPPORTED BY SUBSTANTIAL EVIDENCE AND REVERSED; REMANDING THIS MATTER TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. §405(g) FOR PROCEEDINGS CONSISTENT WITH THIS OPINION;AND TERMINATING THE INSTANT CASE. Signed by Judge Thomas M. Rose on 8-17-2017. (de)
October 23, 2017
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ORDER: (1) Approving the Parties' Joint Stipulation for an Award Under the Equal Access to Justice Act 16, and (1) Awarding Plaintiff $3,800.00 in EAJA Fees and Costs. This Social Security disability benefits appeal is before the Court on the parties' joint stipulation in which they agree that Plaintiff should be awarded attorney's fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of $3,800.00. Based upon the parties' stipulation in which they present no dispute that all requirements are met for the reasonable award of EAJA fees, the Court: (1) APPROVES the parties joint stipulation (doc. 16); and (2) GRANTS Plaintiff EAJA fees and costs in the amount of $3,800.00. Signed by Judge Thomas M. Rose on 10-23-2017. (de)