Baker v. Social Security Administration Commissioner

Plaintiff: Dwight R Baker
Defendant: Social Security Administration Commissioner
Case Number: 3:2007cv03041
Filed: September 12, 2007
Court: Arkansas Western District Court
Office: Harrison Office
County: Marion
Presiding Judge: Jimm Larry Hendren
Referring Judge: James R. Marschewski
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42:405 Review of HHS Decision (DIWC)
Jury Demanded By: None

Docket Report

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

Date Filed#Document Text
July 15, 2009 14 Featured Case ORDER re 13 and granting plaintiff's 10 motion for attorney fees under EAJA in the amount of $1627.03; further this amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Signed by Honorable Jimm Larry Hendren on July 15, 2009. (rw)
June 19, 2009 13 REPORT AND RECOMMENDATIONS re 10 MOTION for Attorney Fees EAJA filed by Dwight R Baker. Objections to R&R due by 7/9/2009. Signed by Honorable Barry A. Bryant on June 19, 2009. (lw)
June 4, 2009 12 RESPONSE to Motion re 10 MOTION for Attorney Fees EAJA filed by Social Security Administration Commissioner. (Hawkins, Claude)
May 21, 2009 CASE REFERRED to Honorable Barry A. Bryant. Motions referred to Barry A. Bryant.(rw)
May 21, 2009 11 MEMORANDUM BRIEF in Support of 10 MOTION for Attorney Fees EAJA by Dwight R Baker. (Attachments: # 1 Exhibit Consumer Price Index, # 2 Exhibit "A" - affidavit of Sam Boyce, # 3 Exhibit "B" - affidavit of Davis Duty, # 4 Exhibit "B" - affidavit of Anthony Bartel, # 5 Exhibit "D" - affidavit of Donald Bishop, # 6 Exhibit "E" - affidavit of Lewis Huddle, # 7 Exhibit "F" - affidavit of Bart Viden, # 8 Exhibit "G" - affidavit of James Roy, # 9 Affidavit of Plaintiff, # 10 Affidavit of Counsel, # 11 Exhibit "A" - time before court & SSA, # 12 Exhibit "A-1" - time before the court)(Spencer, Frederick)
May 21, 2009 10 MOTION for Attorney Fees EAJA by Dwight R Baker. (Spencer, Frederick)
March 5, 2009 9 JUDGMENT: reversing and remanding this case to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g)(2006), in favor of Dwight R Baker against Social Security Administration Commissioner. Signed by Honorable Jimm Larry Hendren on March 5, 2009. (lw)
January 28, 2009 8 REPORT AND RECOMMENDATIONS re 1 Complaint, filed by Dwight R Baker. Objections to R&R due by 2/17/2009. Signed by Honorable Barry A. Bryant on January 28, 2009. (lw)
March 20, 2008 7 APPEAL BRIEF (SOCIAL SECURITY) by Social Security Administration Commissioner. (Hawkins, Claude)
March 5, 2008 6 APPEAL BRIEF (SOCIAL SECURITY) by Dwight R Baker. (Spencer, Frederick)
February 4, 2008 TEXT ONLY SOCIAL SECURITY SCHEDULING ORDER. Plaintiff must file a brief within thirty (30) days of the date of the filing of the transcript. 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. Plaintiffs SSA Appeal Brief due by 3/5/2008. Signed by Honorable Barry A. Bryant on 2/04/08. (mfj)
February 4, 2008 This is a text only entry - No Document is attached. Paper document filed with Clerk.SOCIAL SECURITY TRANSCRIPT by Social Security Administration Commissioner. (cap)
January 31, 2008 5 ANSWER to 1 Complaint, by Social Security Administration Commissioner.(Hawkins, Claude)
January 15, 2008 4 AFFIDAVIT of Service for Complaint, filed by Dwight R Baker. Social Security Administration Commissioner served on 12/27/2007, answer due 2/25/2008. (Attachments: # 1 Exhibit A - Service on Regional Chief, # 2 Exhibit B - Service on U.S. Attorney General, # 3 Exhibit C - Service on U.S. Attorney)(Spencer, Frederick)
October 12, 2007 TEXT ONLY MEMO OF REASSIGNMENT: Case Reassigned to Judge Barry A. Bryant (Referral). Judge James R. Marschewski no longer assigned to the case. (jn)
September 12, 2007 3 Summons Issued as to Social Security Administration Commissioner, U.S. Attorney and U.S. Attorney General and returned to attorney/plaintiff for service (tg)
September 12, 2007 3 Featured Case ORDER granting 2 Motion for Leave to Proceed in forma pauperis and directing clerk to file complaint nunc pro tunc as of September 7, 2007. 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 September 10, 2007. (tg)
September 12, 2007 2 APPLICATION/MOTION for Leave to Proceed in forma pauperis by Dwight R Baker. (tg)
September 12, 2007 1 COMPLAINT against Social Security Administration Commissioner filed by Dwight R Baker to be filed nunc pro tunc as of September 7, 2007. (Attachments: # 1 Exhibit A Notice of Decision - Unfavorable# 2 Exhibit B Notice of Appeals Council Action)(tg)

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Plaintiff: Dwight R Baker
Represented By: Frederick S. Spencer
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Defendant: Social Security Administration Commissioner
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