Smith v. Social Security Administration Commissioner

Plaintiff: Robert L. Smith
Defendant: Social Security Administration Commissioner
Case Number: 3:2007cv03027
Filed: June 22, 2007
Court: Arkansas Western District Court
Office: Harrison Office
County: Baxter
Presiding Judge: Jimm Larry Hendren
Referring Judge: James R. Marschewski
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42:0405g Review of HHS Decision (RSI)
Jury Demanded By: None

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
November 6, 2008 14 Featured Case ORDER adopting 13 the Magistrate's Report and Recommendations in toto and awarding plaintiff's attorney fees in the amount of $1,040.08; further this amount shall be paid in addition to, and not out of, any past-due benefits plaintiff may be awarded in the future. Signed by Honorable Jimm Larry Hendren on November 6, 2008. (rw)
October 16, 2008 13 REPORT AND RECOMMENDATIONS re 10 MOTION for Attorney Fees EAJA filed by Robert L. Smith. Objections to R&R due by 11/3/2008. Signed by Honorable James R. Marschewski on October 15, 2008. (sh)
September 30, 2008 12 RESPONSE in Opposition re 10 MOTION for Attorney Fees EAJA filed by Social Security Administration Commissioner. (Attachments: # 1 Exhibit R&R in Mellang, 07-3002)(Hawkins, Claude)
September 22, 2008 CASE REFERRED to Honorable James R. Marschewski. Motions referred to James R. Marschewski.(rw)
September 22, 2008 11 MEMORANDUM BRIEF in Support of 10 MOTION for Attorney Fees EAJA by Robert L. Smith. (Attachments: # 1 Exhibit Consumer Price Index, # 2 Exhibit A - Sam Boyce, # 3 Exhibit B - Davis Duty, # 4 Errata C - Anthony Bartel, # 5 Errata D - Donald Bishop, # 6 Exhibit E- Lewis Huddle, # 7 Exhibit F- Bart Virden, # 8 Exhibit G - James Roy, # 9 Affidavit of Plaintiff, # 10 Affidavit of Counsel, # 11 Exhibit "A" - time before the court & SSA, # 12 Exhibit A-1 - time before the court)(Spencer, Frederick)
September 22, 2008 10 MOTION for Attorney Fees EAJA by Robert L. Smith. (Spencer, Frederick)
June 24, 2008 9 Featured Case ORDER ADOPTING REPORT AND RECOMMENDATIONS, REVERSING DECISION OF COMMISSIONER AND REMANDING CASE TO US AGENCY. Signed by Honorable Jimm Larry Hendren on June 24, 2008. cc: ALJ & OH&A w/copy of R&R(ct) Modified on 6/25/2008 to add docket text(ct).
June 12, 2008 8 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Robert L. Smith. Objections to R&R due by 6/30/2008. Signed by Honorable James R. Marschewski on June 12, 2008. (ct)
January 14, 2008 7 APPEAL BRIEF (SOCIAL SECURITY) by Social Security Administration Commissioner. (Hawkins, Claude)
December 17, 2007 6 APPEAL BRIEF (SOCIAL SECURITY) by Robert L. Smith. (Spencer, Frederick)
November 15, 2007 TEXT ONLY SOCIAL SECURITY SCHEDULING ORDER. Plaintiff must file a brief within thirty (30) days of the date of the filing of the transcript or 12/17/2007. The brief must identify specific points for appeal. Plaintiff's failure to file a timely brief may result in dismissal for failure to prosecute. Defendant must file a brief within thirty (30) days of the date Plaintiff's brief is served. Defendant's brief must respond to the issues raised in Plaintiff's brief and may include additional relevant issues. The brief should be no longer than twenty (20) pages in length. Any brief exceeding the page limitation imposed herein may be stricken from the record. Signed by Honorable James R. Marschewski on 11/15/2007. cla)
November 15, 2007 This is a text only entry - No Document is attached. Paper document filed with Clerk.SOCIAL SECURITY TRANSCRIPT by Social Security Administration Commissioner. Plaintiff's SSA Appeal Brief due by 12/18/2007. Government's SSA Appeal Brief due by 1/17/2008. (mfr)
November 15, 2007 5 ANSWER to 1 Complaint by Social Security Administration Commissioner.(Hawkins, Claude)
November 1, 2007 4 AFFIDAVIT of Service for Complaint, filed by Robert L. Smith. Social Security Administration Commissioner served on 9/25/2007, answer due 11/26/2007. (Attachments: # 1 Exhibit "A" - service to regional chief# 2 Exhibit "B" - service to U. S. Atty General# 3 Exhibit "C" - service to U. S. Attorney)(Spencer, Frederick)
September 11, 2007 1 Summons Issued as to Commissioner, Attorney and returned to attorney/plaintiff for service w/Notice of Magistrate attached (ct)
June 22, 2007 2 Summons Issued as to Social Security Administration Commissioner c/o Robert C. Balfe and Office of the Regional Chief Counsel (ct)
June 22, 2007 3 Featured Case ORDER granting 2 Motion for Leave to Proceed in forma pauperis and directing the clerk to file the complaint nunc pro tunc as of 6/18/07. The plaintiff is directed to serve a copy of the complaint and this order on the defendant by certified mail, return receipt requested, as well as the US Attorney General and US Attorney for Western District/Arkansas without prepayment of fees and costs. Defendant is to answer within 60 days from date of service . Signed by Judge James R. Marschewski on 6/19/07. (ct)
June 22, 2007 2 MOTION for Leave to Proceed in forma pauperis by Robert L. Smith. (ct)
June 22, 2007 1 COMPLAINT against Social Security Administration Commissioner , filed by Robert L. Smith. Filed nunc pro tunc as of 6/18/07 (Attachments: # 1 Exhibit A Notice of Decision# 2 Exhibit B Notice of Appeals Council Action)(ct)

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Plaintiff: Robert L. Smith
Represented By: Frederick S. Spencer
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