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16-178 - Moore v. Commissioner of Social Security


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16-178 - Moore v. Commissioner of Social Security
August 2, 2017
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REPORT AND RECOMMENDATIONS: The Commissioner's non-disability finding be vacated; no finding be made as to whether Plaintiff Jacqueline Moore 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 8/16/2017. Signed by Magistrate Judge Sharon L. Ovington on 8/2/2017. (lek)
August 17, 2017
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DECISION AND ENTRY - This Court hereby ADOPTS said Report and Recommendations. It is therefore ORDERED that: 1. The Report and Recommendations filed on August 2, 2017 (Doc. # 13) is ADOPTED in full; 2. The Commissioner's non-disability finding is VACATED; 3. No finding is made as to whether Plaintiff Jacqueline Moore was under a "disability" within the meaning of the Social Security Act; 4. 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 5. The case is terminated on the docket of this Court. Signed by Judge Walter H. Rice on 8/17/17. (pb)
October 26, 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. # 16) is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $5,750.00; 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 Plaintiffs counsel pursuant to the EAJA assignment signed by Plaintiff; and 3. The case remains terminated on the docket of this Court. Signed by Magistrate Judge Sharon L. Ovington on 10/25/17. (pb)