SHAFFER v. COLVIN
WILLIAM LEE SHAFFER |
CAROLYN COLVIN |
1:2013cv00257 |
December 20, 2013 |
US District Court for the Northern District of Florida |
Gainesville Office |
Alachua |
STEPHAN P MICKLE |
CHARLES A STAMPELOS |
Health Insurance |
42 U.S.C. ยง 416 |
None |
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Filing 27 ORDER ADOPTING 26 REPORT AND RECOMMENDATION - Decision of the Commissioner, denying benefits, is REVERSED and this matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. §405(g). Clerk is directed to enter f inal judgment in favor of the Plaintiff, remanding this case to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the concerns raised in the Report and Recommendation. Pursuant to B ergen, proceedings on attorney fees under the Social Security Act, 42 U.S.C. § 406(b), are stayed until the matter is fully adjudicated upon remand. The Plaintiff shall file a motion to award fees under § 406(b) within thirty (30) days afte r counsel receives notice from the Commissioner as to the Plaintiffs past due benefits. This stay relates only to attorney fee proceedings under § 406(b) of the Social Security Act, and not to attorney fee proceedings under the Equal Access to Justice Act, 28 U.S.C. § 2412, the latter of which may be adjudicated at this time. Signed by SENIOR JUDGE MAURICE M PAUL on 4/20/2015. (jws) |
Filing 22 ORDER adopting in part, rejecting in part 20 Report and Recommendations - This matter is recommitted to the Magistrate Judge under 28 U.S.C. § 636(b)(1)with instructions to consider and explain with specificity whether the A LJ sufficiently explained with particularity the weight accorded to the opinion of Dr. Chodosh and the reasons therefor. If the Magistrate Judge finds that the ALJ failed to satisfy this standard, the Magistrate Judge shall consider and explain with specificity whether such error was harmless. Signed by SENIOR JUDGE MAURICE M PAUL on 2/20/2015. (jws) |
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Defendant: CAROLYN COLVIN | |
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Plaintiff: WILLIAM LEE SHAFFER | |
Represented By: | ELIZABETH STAKENBORG |
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