Frew v. Commissioner of Social Security Administration

Plaintiff: Gary Frew
Defendant: Commissioner of Social Security Administration
Case Number: 3:2013cv00091
Filed: March 27, 2013
Court: Ohio Southern District Court
Office: Dayton Office
County: MONTGOMERY
Referring Judge: Sharon L Ovington
Presiding Judge: Walter H Rice
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42:405 Review of HHS Decision (SSID)
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
April 1, 2014 12 Opinion or Order of the Court REPORT AND RECOMMENDATIONS that (1) The Commissioner's non-disability finding be vacated; (2) No finding be made as to whether Plaintiff Gary Frew was under a "disability" within the meaning of the Social Security Act; (3) This case b e remanded to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. §405(g) for further consideration consistent with this Report; and (4) The case be terminated on the docket of this Court.Objections to R&R due by 4/18/2014. Signed by Chief Magistrate Judge Sharon L Ovington on 4/1/14. (mm1)
April 21, 2014 13 Opinion or Order of the Court DECISION AND ENTRY - It is therefore ORDERED that: 1. The Report and Recommendations filed on April l, 2014 (Doc. # 12 ) is ADOPTED in full; 2. The Commissioner's non-disability finding is VACATED; 3. No finding is made regarding whether Plain tiff Gary Frew is under a "disability" within the meaning of the Social Security Act; 4. This matter is REMANDED to the Social Security Administration pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendations, and this Decision and Entry; and 5. The case is terminated on the docket of this Court. Signed by Judge Walter H Rice on 04/21/14. (pb1)
April 21, 2014 14 Opinion or Order of the Court CLERK'S JUDGMENT with Attached Notice of Disposal. Signed on 04/21/14. (pb1)
July 17, 2014 16 Opinion or Order of the Court Decision and Entry - Accordingly, the Court hereby ORDERS that: 1. The parties' Stipulation To Award EAJA Fees Doc. # 15 is accepted, and Defendant shall pay Plaintiffs attorney fees under 28 U.S.C. §2412 in the totalamount of $3,500. 00; 2. Defendant shall verify, within thirty days of this Decision and Order, whether or not Plaintiff owes a pre-existing debt to the United States subject to offset. If no such pre-existing debt exists, Defendant shall pay the EAJA award directly to Plaintiffs attorney; and 3. The case remains terminated on the docket of this Court. granting 15 Motion for Attorney Fees. Signed by Judge Walter H Rice on 7/17/2014. (srb1)

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Plaintiff: Gary Frew
Represented By: Gary Marc Blumenthal
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Defendant: Commissioner of Social Security Administration
Represented By: John J. Stark
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