Koerner v. Astrue
Plaintiff: Thomas L Koerner
Defendant: Commissioner of Social Security
Case Number: 2:2009cv02240
Filed: August 12, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kimberly J. Mueller
Presiding Judge: Kimberly J. Mueller
Nature of Suit: None
Cause of Action: 42 U.S.C. ยง 205 Denial Social Security Benefits
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 14, 2012 Opinion or Order Filing 40 ORDER signed by Judge Lawrence K. Karlton on 3/13/12; IT IS ORDERED that the Findings and Recommendations filed February 17, 2012, are ADOPTED and Plaintiff's request for EAJA fees is granted and plaintiff is awarded $5,178.28 in attorney&# 039;s fees under EAJA, said fees made payable to plaintiff; however, plaintiff is to in turn pay these fees to his attorney. Plaintiff's request for fees under 42 U.S.C 406(b) is granted in the amount of $6,159.72. The Commissioner is dire cted to pay plaintiff's counsel the sum of $6,159.72 in § 406(b) attorneys' fees with the remainder withheld from the back benefits ($5,178.28), i.e., the amount of EAJA fees, to be disbursed to plaintiff. The sum payable to plaintiff's counsel shall be increased by any administrative offset imposed on the EAJA fee.(Matson, R)
February 17, 2012 Opinion or Order Filing 39 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/16/12 RECOMMENDING that Plaintiffs request for EAJA fees be granted and that plaintiff be awarded $5,178.28 in attorneys fees under EAJA, said fees made payable to p laintiff; however, plaintiff is to in turn pay these fees to his attorney. Plaintiffs request for fees under 42 U.S.C 406(b) be granted in the amount of $6,159.72. The Commissioner should be directed to pay plaintiffs counsel the sum of $6 ,159.72 in § 406(b) attorneys fees with the remainder withheld from the back benefits ($5,178.28), i.e., the amount of EAJA fees, to be disbursed to plaintiff. The sum payable to plaintiffs counsel should be increased by any administrative offset imposed on the EAJA fee. Referred to Judge Lawrence K. Karlton; Objections to F&R due 14 days after being served with these findings and recommendations. (Meuleman, A)
January 21, 2011 Opinion or Order Filing 28 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/21/11 Recommending that Plaintiff's MOTION for SUMMARY JUDGMENT 23 be granted, and the Commissioner's Cross MOTION FOR Summary Judgment 21 be denied. This A ction be remanded to the Commissioner for payment of benefits with an onset date of 8/10/07. The Clerk be directed to enter judgment for Plaintiff. These Findings and Recommendations are submitted to U.S. District Judge Lawrence K. Karlton. Within fourteen days after being served with these Findings and Recommendations, any party may file written objections with the Court and serve a copy on all parties. (Mena-Sanchez, L)
April 20, 2010 Opinion or Order Filing 20 STIPULATION and ORDER 19 for Extension of Time signed by Magistrate Judge Kimberly J. Mueller on 4/19/2010. Plaintiff's Motion for Summary Judgment is now due on 5/13/2010. (Marciel, M)
August 26, 2009 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/25/2009 GRANTING 2 Plaintiff's Motion to Proceed in forma pauperis. The Clerk of the Court is directed to serve the undersigned's scheduling order in Social Security cases. The Cle rk of the Court is further directed to serve a copy of this order on the USM; Within 15 days from the date of this order, pltf shall submit to the USM a completed summons and copies of the complaint and file a statement with the court that said documents have been submitted to the USM. The USM is directed to serve all process without prepayment of costs not later than 60 days from the date of this order. (Reader, L)
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Plaintiff: Thomas L Koerner
Represented By: Ian Michael Sammis
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Defendant: Commissioner of Social Security
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