Kender v. Social Security Administration

Justia Dockets & Filings Eighth Circuit Arkansas Eastern District Kender v. Social Security Administration

Kender v. Social Security Administration

Plaintiff:	Shannon Wayne Kender
Defendant:	Social Security Administration
Case Number:	3:2016cv00126
Filed:	May 12, 2016
Court:	US District Court for the Eastern District of Arkansas
Office:	Jonesboro Office
County:	Greene
Presiding Judge:	D. P. Marshall
Presiding Judge:	J. Thomas Ray
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
March 26, 2020	Filing 22 MEMORANDUM ORDER denying as untimely 19 Petitioner's Motion for Attorney's Fees. Mr. Olinsky may retain the EAJA award, but he is not entitled to a contingency fee, pursuant to § 406(b), either from the past-due benefits held by th e Commissioner or from Kender directly. The Commissioner is directed to promptly calculate and pay Shannon Kender the respective sums owed to him, individually and as representative payee for his three minor children, from the total sum of $8,771.25 which has been withheld as potential § 406(b) attorney's fees. Signed by Magistrate Judge J. Thomas Ray on 3/26/2020. (ljb)

Date Filed

Document Text

March 26, 2020

Filing 22 MEMORANDUM ORDER denying as untimely 19 Petitioner's Motion for Attorney's Fees. Mr. Olinsky may retain the EAJA award, but he is not entitled to a contingency fee, pursuant to § 406(b), either from the past-due benefits held by th e Commissioner or from Kender directly. The Commissioner is directed to promptly calculate and pay Shannon Kender the respective sums owed to him, individually and as representative payee for his three minor children, from the total sum of $8,771.25 which has been withheld as potential § 406(b) attorney's fees. Signed by Magistrate Judge J. Thomas Ray on 3/26/2020. (ljb)

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Plaintiff: Shannon Wayne Kender
Represented By:	Howard David Olinsky
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Defendant: Social Security Administration
Represented By:	Stacey Elise McCord
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