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16-174 - Hill v. Commissioner of Social Security


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16-174 - Hill v. Commissioner of Social Security
May 2, 2017
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REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: 1. The Commissioner=s non-disability finding be reversed and this case be remanded to the Commissioner under sentence four of 42 U.S.C. ' 405(g) for payment of benefits based on his June 5, 2012 application for Disability Insurance Benefits; and 2. The case be terminated on the docket of this Court. re 2 Complaint filed by William Hill Objections to R&R due by 5/16/2017. Signed by Magistrate Judge Sharon L. Ovington on 5/2/2017. (srb)
August 4, 2017
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #11 ), AND OVERRULING OBJECTIONS OF DEFENDANTNANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY (DOC. #12), TO SAID JUDICIAL FILING; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF WILLIAM HILL AND AGAINST THE DEFENDANT COMMISSIONER, REVERSING THE COMMISSIONER'SDECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING THE CAPTIONED CAUSE TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR ANIMMEDIATE AWARD OF BENEFITS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 8/4/17. (kma)
November 2, 2017
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DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The Parties' Joint Stipulation for an Award of Attorney Fees under the Equal Access to Justice Act (Doc. # 17) is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $3,400.00; 2. Counsel for the parties 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 duly signed by Plaintiff; and 3. The case remains terminated on the docket of this Court. IT IS SO ORDERED. Signed by Judge Walter H. Rice on 11/2/2017. (srb)
December 29, 2017
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REPORT AND RECOMMENDATIONS re 19 MOTION for Attorney Fees filed by William Hill - IT IS THEREFORE RECOMMENDED THAT: 1. The Motion For Allowance Of Attorney Fees filed by Plaintiffs counsel (Doc. #19) be GRANTED, and the Commissioner be directed to pay Plaintiffs attorney fees pursuant to 42 U.S.C. § 406(b) in the total amount of $13,162.50; 2. In the event Plaintiffs counsel has received payment of attorney fees under the Equal Access to Justice Act (Doc. #18), Plaintiffs counsel shall refund such amount ($3,400.00) directly to Plaintiff; and 3. The case remain terminated on the docket of this Court. Objections to R&R due by 1/12/2018. Signed by Magistrate Judge Sharon L. Ovington on 12/29/17. (pb)
January 18, 2018
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DECISION AND ENTRY - It is therefore 0RDERED that: 1. The Report and Recommendations docketed on December 29, 2017 (Doc. # 21) is ADOPTED in full; 2. The Motion For Allowance Of Attorney Fees filed by Plaintiffs counsel (Doc. # 19) is GRANTED, and the Commissioner is directed to pay Plaintiffs attorney fees pursuant to 42 U.S.C. § 406(b) in the total amount of $13, 162.50; 3. Plaintiffs counsel is ordered to refund directly to Plaintiff the amount of attorney fees previously paid to her counsel, $3,400.00, under the EqualAccess to Justice Act (Doc. # 18); and 4. The case remains terminated on the Court's docket. Signed by Judge Walter H. Rice on 1/18/2018. (srb)