Gebhardt v. Commissioner of Social Security
| Carol Graf Gebhardt |
| Commissioner of Social Security |
| Social Security Administration |
| 3:2019cv00893 |
| June 10, 2019 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Robert M Spector |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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Filing 21
ORDER finding as moot #17 Motion for Attorney Fees in light of the Joint Stipulation entered today (Doc. No. 20). Signed by Judge Robert M. Spector on 3/6/2020. (Watson, M.)
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Filing 20
ORDER re #19 JOINT STIPULATION AND ORDER FOR ATTORNEY FEES: The parties' joint stipulation that the Commissioner of Social Security pay the Plaintiff's attorney fees in the amount of $5950.00, pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, and costs under 28 U.S.C. 1920 in the amount of $400.00, in full satisfaction of any claim for fees, expenses and costs under the EAJA is SO ORDERED.The attorney fees may be paid to the Plaintiffs counsel if the Plaintiff agrees to assign the fees to counsel, and provided that the Plaintiff owes no debt to the Federal Government that is subject to offset under the U.S. Treasury Offset Program. Signed by Judge Robert M. Spector on 3/6/2020.(Watson, M.)
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| Filing 19 STIPULATION re #17 First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 by Commissioner of Social Security. (Estelle, Rebecca) |
| Filing 18 AFFIDAVIT re #17 First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 Signed By Howard D. Olinsky, Esq. filed by Carol Graf Gebhardt. (Attachments: #1 Exhibit A CPI Table, #2 Exhibit B All Professional Time, #3 Exhibit C Attorney Time, #4 Exhibit D Paralegal Time, #5 Exhibit E Costs, #6 Exhibit F Affirmation and Waiver of Direct Payment of EAJA Fees, #7 Memorandum in Support, #8 Certificate of Service, #9 Certificate of Conference)(Olinsky, Howard) |
| Filing 17 First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 by Carol Graf Gebhardt.Responses due by 3/5/2020 (Olinsky, Howard) |
| Filing 16 JUDGMENT entered in favor of Carol Graf Gebhardt against Commissioner of Social Security.For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 11/15/2019.(Caffrey, A.) |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Caffrey, A.) |
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Filing 15
ORDER finding as moot #11 Motion to Reverse the Decision of the Commissioner in light of the Joint Stipulation. Signed by Judge Robert M. Spector on 11/14/2019. (Watson, M.)
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Filing 14
ORDER: #13 The Joint Stipulation for Entry of Judgment Under Sentence Four of 42 U.S.C. Section 405(g) with Remand to the Commissioner of Social Security is SO ORDERED. Signed by Judge Robert M. Spector on 11/14/2019.(Watson, M.)
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| Filing 13 Joint STIPULATION to remand pursuant to the fourth sentence of 42 U.S.C. 405(g) by Carol Graf Gebhardt. (Olinsky, Howard) |
| Filing 12 Statement of Material Facts re #11 MOTION to Reverse the Decision of the Commissioner filed by Carol Graf Gebhardt. (Olinsky, Howard) |
| Filing 11 MOTION to Reverse the Decision of the Commissioner by Carol Graf Gebhardt. (Attachments: #1 Memorandum in Support)(Olinsky, Howard) |
| Set Deadlines: Plaintiff's Dispositive Motions due on or before 10/9/2019. Defendant's Dispositive Motions due on or before 12/11/19. (Campbell, A) |
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Filing 10
ORDER: The Government having filed the administrative record, the Court hereby enters the following Scheduling Order:The plaintiff shall file a motion to reverse and/or remand and a supporting memorandum of law on or before OCTOBER 9, 2019. On or before OCTOBER 9, 2019, the plaintiff shall file, as a separate document, a statement of material facts consisting of numbered paragraphs and supported by specific page citations to the Certified Administrative Record, as shall comply with the Standing Scheduling Order (Doc. No. 4) in this case. The defendant shall file a motion to affirm or a motion for voluntary remand on or before DECEMBER 11, 2019. On or before DECEMBER 11, 2019, the defendant shall file a responsive statement of facts as set forth in the Standing Scheduling Order (Doc. No. 4) entered in this case. The plaintiff may file a reply brief pursuant to Local Rule 7(d) and may file a response to the defendants statement of facts on or before DECEMBER 27, 2019.Prior to the filing of any dispositive motions, counsel are encouraged to confer regarding the merits of the case in an effort to determine whether a reversal and voluntary remand are appropriate. The court reminds the parties of the previously filed Standing Scheduling Order (Doc. No. 4), which sets forth page limits and form and content requirements for motions and supporting memoranda. The parties should avoid boilerplate discussions of the governing legal standards as the court is familiar with the standard of review and the sequential evaluation process employed in the analysis of Social Security disability applications. The parties should focus on informing the court of relevant and controlling legal authority and applying it to the facts of this case.Motions filed by the parties must comply with the requirements set forth above and in the Local Rules of Civil Procedure. Failure to comply may result in denial of the motion.Requests for extensions of these deadlines are discouraged and, unless unusual circumstances dictate otherwise, counsel should not seek an extension of greater than 30 days. Any motion for extension of a deadline must include a showing of good cause as required by Local Rule 7(b)(2) and must be filed at least three days before the existing deadline. It is SO ORDERED. Signed by Judge Robert M. Spector on 8/12/2019.(Stokely, Justyn)
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| Filing 9 Social Security Transcripts. (Estelle, Rebecca) |
| Filing 8 CONSENT to Jurisdiction by US Magistrate Judge by Commissioner of Social Security, Carol Graf Gebhardt. Case reassigned to Magistrate Judge Robert M. Spector. This matter has been transferred to a magistrate judge. All non-efiled submissions should be filed at the seat of court where the magistrate judge presides. The case number will remain the same, but must be followed by the magistrate judge's initials. Signed by Judge Stefan R Underhill on 6/19/2019.(Anastasio, F.) |
| Filing 7 Consent NOTICE by Carol Graf Gebhardt to Magistrate Judge (Olinsky, Howard) |
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Filing 6
REMINDER: STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R Underhill on 6/13/2019. (Attachments: #1 Consent Form)(Anastasio, F.)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R Underhill on 6/10/2019.(Fazekas, J.)
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Filing 4
STANDING SCHEDULING ORDER Signed by Judge Stefan R Underhill on 6/10/2019.(Fazekas, J.)
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Filing 3
STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R Underhill on 6/10/2019. (Attachments: #1 Consent Form)(Fazekas, J.)
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| Answer deadline updated for Commissioner of Social Security to 8/9/2019. (Fazekas, J.) |
| Filing 2 NOTICE of Appearance by Rebecca H. Estelle on behalf of Commissioner of Social Security (Estelle, Rebecca) |
| Filing 1 COMPLAINT against Commissioner of Social Security ( Filing fee $400 receipt number ACTDC-5311899.), filed by Carol Graf Gebhardt. (Attachments: #1 Civil Cover Sheet)(Olinsky, Howard) |
| Request for Clerk to issue summons as to Commissioner of Social Security. (Olinsky, Howard) |
| Judge Stefan R Underhill and Judge Sarah A. L. Merriam added. (Anastasio, F.) |
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