Constable v. Colvin

Constable v. Colvin

Plaintiff:	Nicole Constable
Defendant:	Carolyn W. Colvin
Case Number:	4:2014cv01128
Filed:	June 20, 2014
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	Phelps
Presiding Judge:	Catherine D. Perry
Nature of Suit:	Supplemental Security Income
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
January 6, 2016	Filing 25 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiff's Application for Attorney's Fees under the Equal Access to Justice Act [ECF # 23 ] is GRANTED. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(d), plaintiff shall rec over attorneys fees in the amount of Four Thousand, Six Hundred Eighty-Seven and 50/100 Dollars ($4,687.50). IT IS FURTHER ORDERED that the award shall be made payable to The Law Offices of Daniel A. Parmele, P.C., pursuant to the Affidavit and Assignment of EAJA Fee executed by the plaintiff in this case (see ECF #[23-3]) unless plaintiff has a pre-existing debt owed to the United States, in which case the award shall be made payable to the plaintiff and shall be subject to offset to satisfy such debt. Signed by District Judge Catherine D. Perry on 1/6/16. (EAB)
September 29, 2015	Filing 21 MEMORANDUM AND ORDER. (See Full Order.) For the aforementioned reasons, I conclude that the ALJ failed to properly evaluate the weight to accord the opinions of treating physician Dr. Daniel Vinson, and therefore her decision was not supported by substantial evidence on the record. As a result, I will remand for the ALJ to render a decision consistent with this order. Accordingly, IT IS HEREBY ORDERED that the decision of the commissioner is reversed and remanded under sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this Memorandum and Order. A separate judgment in accordance with this Memorandum and Order is entered this same date. Signed by District Judge Catherine D. Perry on 9/29/2015. (CBL)

Date Filed

Document Text

January 6, 2016

Filing 25 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiff's Application for Attorney's Fees under the Equal Access to Justice Act [ECF # 23 ] is GRANTED. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(d), plaintiff shall rec over attorneys fees in the amount of Four Thousand, Six Hundred Eighty-Seven and 50/100 Dollars ($4,687.50). IT IS FURTHER ORDERED that the award shall be made payable to The Law Offices of Daniel A. Parmele, P.C., pursuant to the Affidavit and Assignment of EAJA Fee executed by the plaintiff in this case (see ECF #[23-3]) unless plaintiff has a pre-existing debt owed to the United States, in which case the award shall be made payable to the plaintiff and shall be subject to offset to satisfy such debt. Signed by District Judge Catherine D. Perry on 1/6/16. (EAB)

September 29, 2015

Filing 21 MEMORANDUM AND ORDER. (See Full Order.) For the aforementioned reasons, I conclude that the ALJ failed to properly evaluate the weight to accord the opinions of treating physician Dr. Daniel Vinson, and therefore her decision was not supported by substantial evidence on the record. As a result, I will remand for the ALJ to render a decision consistent with this order. Accordingly, IT IS HEREBY ORDERED that the decision of the commissioner is reversed and remanded under sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this Memorandum and Order. A separate judgment in accordance with this Memorandum and Order is entered this same date. Signed by District Judge Catherine D. Perry on 9/29/2015. (CBL)

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Defendant: Carolyn W. Colvin
Represented By:	Jane Rund(Designation Assistant US Attorney)
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Plaintiff: Nicole Constable
Represented By:	Kathleen E. Overton
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