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16-183 - Ferryman v. Commissioner of Social Security


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16-183 - Ferryman v. Commissioner of Social Security
May 22, 2017
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REPORT AND RECOMMENDATIONS: The Commissioner's non-disability finding be vacated; no finding be made as to whether Plaintiff April S. Ferryman 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 6/5/2017. Signed by Magistrate Judge Sharon L. Ovington on 5/22/2017. (lek)
July 28, 2017
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DECISION AND ENTRY ADOPTING REPORT ANDRECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE(DOC. #12), AND OVERRULING OBJECTIONS OF PLAINTIFF APRIL FERRYMAN (DOC. #13), WHO WAS SEEKING REMAND FOR AN IMMEDIATE AWARD OF BENEFITS; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, REVERSING THE COMMISSIONER'S DECISION 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. ยง 405(g) FOR FURTHER PROCEEDINGS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 7/28/2017. (pb)
November 6, 2017
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DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The Parties' Joint Stipulation To Attorney Fees (Doc. # 16) is accepted, and the Commissioner shall direct that an award of Plaintiff's attorney fees, costs, and expenses in the total amount of $3,750.00; 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 counsel; and 3. The case remains terminated on the docket of this Court. Signed by Judge Walter H. Rice on 11/6/17. (pb)