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16-097 - Hickman v. Social Security Administration


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16-097 - Hickman v. Social Security Administration
December 5, 2017
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REPORT AND RECOMMENDATION: For the reasons explained above, the undersigned RECOMMENDS that plaintiff's motion for judgment on the administrative record (Doc. 13) be GRANTED IN PART AND DENIED IN PART, and that the Commissioner's decision be REMANDED to the Commissioner for the ALJ to conduct a proper credibility assessment, and reconsider his disability determination based on that reassessment. Signed by Magistrate Judge Joe Brown on 12/5/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)
January 17, 2018
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e 58. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/17/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)ORDER: Accordingly, the Report and Recommendation (Doc. No. 25) is ADOPTED, Plaintiff's First Motion for Judgment on the Record (Doc. No. 13) is GRANTED insofar as she seeks a remand, and this case is hereby REMANDED to the Commissioner for further proceedings in accordance with 42 U.S.C. § 405(g). Even though a remand under § 405(g) "makes the plaintiff a 'prevailing party'" under the Equal Access to Justice Act, Turner v. Comm'r of Soc. Sec., 680 F.3d 721, 723 (6th Cir. 2012), Plaintiff filed her Motion for Attorney's Fees (Doc. No. 16) prematurely. That Motion is DENIED WITHOUT PREJUDICE to refiling. The Clerk of the Court shall enter a final judgment in accordance with Rul