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16-279 - Barnett v. Commissioner of Social Security


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16-279 - Barnett v. Commissioner of Social Security
June 12, 2017
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REPORT AND RECOMMENDATIONS: 1)The Commissioner's final decision concerning Plaintiff's March 15, 2013 application for Disability Insurance Benefits be vacated; 2) No finding be made as to whether Plaintiff Kathy Barnett was under a "disability" within the meaning of the Social Security Act; 3) This case be remanded to the Commissioner and the Administrative Law Judge under for further consideration consistent with this Report; and 4) The case be terminated on the docket of this Court. Objections to R&R due by 6/26/2017. Signed by Magistrate Judge Sharon L. Ovington on 6-12-17. (mcm)
September 27, 2017
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ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE 13, OVERRULING DEFENDANT'S OBJECTIONS 14, VACATING THE COMMISSIONER'S FINDING OF NON-DISABILITY; REMANDING THIS MATTER TO THE COMMISSIONER UNDERTHE FOURTH SENTENCE OF 42 U.S.C. ยง 405(g) FOR PROCEEDINGS CONSISTENT WITH THIS OPINION; AND TERMINATING THE INSTANT CASE. Signed by Judge Thomas M. Rose on 9-27-2017. (de)
September 28, 2017
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CLERK'S JUDGMENT. Signed on 9/28/17. (kma)
November 21, 2017
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DECISION AND ENTRY - The Parties' Joint Stipulation to Award Attorney's Fees under the Equal Access to Justice Act 17 is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $5,000.00, 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 signed by Plaintiff; and the case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 11-21-2017. (de)