Ortiz v. Commissioner of Social Security
||Commissioner of Social Security
||Desiree Santana Ortiz
||May 14, 2013
||Florida Middle District Court
||Charlene Edwards Honeywell
||Thomas B. Smith
|Nature of Suit:
||Social Security: SSID Title XVI
|Cause of Action:
||42:405 Review of HHS Decision (SSID)
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|June 23, 2014
ORDER adopting 20 Report and Recommendation of the Magistrate Judge. The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. The Decision of the Commissioner of Social Security is REVERSED and REMANDED for further proceedings consistent with the findings in the Report and Recommendation. The Clerk is directed to enter judgment in favor of Plaintiff and to close t his case. Plaintiff is advised that the deadline to file a motion for attorneys' fees pursuant to 42 U.S.C. § 406(b) shall be thirty (30) days after Plaintiff receives notice from the Social Security Administration of the amount of past du e benefits awarded. When Plaintiff receives notice of the amount of past due benefits awarded, Plaintiff must promptly email the Commissioner's lawyers, Mr. Rudy and the OGC attorney who prepared the Commissioner's brief to advise them when the notice was received. Signed by Judge Charlene Edwards Honeywell on 6/23/2014. (BGS)
|September 9, 2014
ORDER adopting 24 Report and Recommendation of the Magistrate Judge. (1)The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appella te review. (2) Plaintiff's Uncontested Petition for Attorney's Fees, pursuant to the Equal Access to Justice Act, 28 U.S.C. Section 2412(d) 23 is GRANTED. (3) Finding the number of hours and hourly rate to be reasonable, Plaintiff is hereby award attorney's fees in the amount of $2,962.29 to be paid out of the judgment fund and to Plaintiff's counsel if the Commissioner determines Plaintiff does not owe a debt to the Government. (4) The Clerk is directed to enter a Judgment in favor of Plaintiff awarding attorney's fees in the amount of $2,962.29. Signed by Judge Charlene Edwards Honeywell on 9/9/2014. (BGS)
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