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05-478 - Smith v. SSA


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05-478 - Smith v. SSA
March 27, 2008
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REPORT AND RECOMMENDATION: It is recommended that the 13 plaintiff's motion for judgment on the record be denied and that the Commissioner's decision be affirmed. Signed by Judge Juliet E. Griffin on 3/27/08. (jb)
June 24, 2008
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MEMORANDUM AND OPINION. Signed by Senior Judge Thomas Wiseman on 6/24/08. (tmw)
June 24, 2008
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ORDER AND FINAL JUDGMENT granting 13 Motion for Judgment on the Record insofar as Pltf requests remand; Rejecting 18 Magistrate's Report and Recommendation. The Commissioner's decision denying benefits is therefore VACATED and this matter REMANDED for further proceedings consistent with this opinion.Signed by Senior Judge Thomas Wiseman on 6/24/08. (tmw)
October 7, 2008
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CONSENT ORDER re 25: The Commissioner of the SSA shall pay the plaintiff the sum of $5,250 for attorney fees and costs and in full and final settlement of all claims due against the SSA for attorney fees and costs arising under the Equal Access to Justice Act. The payment will be made by check payable to "John Bell Whitesell, Attorney at Law" and sent to his attention at his office address. Plaintiff's petition for Attorney Fees and Costs 23 is denied as moot. Signed by Senior Judge Thomas Wiseman on 10/7/08. (af)