Hawver v. Commissioner Social Security Administration

Justia Dockets & Filings Ninth Circuit Oregon District Court Hawver v. Commissioner Social Security Administration

Hawver v. Commissioner Social Security Administration

Plaintiff:	Daniel Joseph Hawver
Defendant:	Commissioner Social Security Administration
Case Number:	3:2012cv02211
Filed:	December 7, 2012
Court:	US District Court for the District of Oregon
Office:	Portland (3) Office
Presiding Judge:	Michael H. Simon
Nature of Suit:	Social Security: SSID Tit. XIV
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (SSID)
Jury Demanded By:	None

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Date Filed	Document Text
June 25, 2014	Filing 22 ORDER - Plaintiff's application for attorney's fees (Dkt. 21 ), is GRANTED. Plaintiff is awarded $5,500 for attorney's fees and expenses under 28 U.S.C. § 2412. EAJA fees, expenses, and costs are subject to any offs ets allowed under the Treasury Offset Program, as discussed in Ratliff, 560 U.S. at 593-94. Because Plaintiff has filed with the court an assignment of EAJA fees to her counsel, Defendant shall cause the payment of fees, after any applicable offsets, to be made directly to Plaintiffs counsel. Signed on 6/25/2014 by Judge Michael H. Simon. (mja)
March 27, 2014	Filing 17 Opinion and Order - The Court REVERSES the Commissioner's final decision and REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this Opinion and Order. The ALJ should consider the med ical source opinions of Mr. Williams, Ms. Stein, and Mr. Lee erroneously discredited. The ALJ should also consider the side-effects of any medication on Mr. Hawver's ability to sustain employment. Signed on 3/27/2014 by Judge Michael H. Simon. (mja)

Date Filed

Document Text

June 25, 2014

Filing 22 ORDER - Plaintiff's application for attorney's fees (Dkt. 21 ), is GRANTED. Plaintiff is awarded $5,500 for attorney's fees and expenses under 28 U.S.C. § 2412. EAJA fees, expenses, and costs are subject to any offs ets allowed under the Treasury Offset Program, as discussed in Ratliff, 560 U.S. at 593-94. Because Plaintiff has filed with the court an assignment of EAJA fees to her counsel, Defendant shall cause the payment of fees, after any applicable offsets, to be made directly to Plaintiffs counsel. Signed on 6/25/2014 by Judge Michael H. Simon. (mja)

March 27, 2014

Filing 17 Opinion and Order - The Court REVERSES the Commissioner's final decision and REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this Opinion and Order. The ALJ should consider the med ical source opinions of Mr. Williams, Ms. Stein, and Mr. Lee erroneously discredited. The ALJ should also consider the side-effects of any medication on Mr. Hawver's ability to sustain employment. Signed on 3/27/2014 by Judge Michael H. Simon. (mja)

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Defendant: Commissioner Social Security Administration
Represented By:	Adrian L. Brown
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Plaintiff: Daniel Joseph Hawver
Represented By:	George J. Wall
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