Jipson v. Commissioner of Social Security

Justia Dockets & Filings Eleventh Circuit Florida Middle District Jipson v. Commissioner of Social Security

Jipson v. Commissioner of Social Security

Plaintiff:	Daniel Jipson
Defendant:	Commissioner of Social Security
Case Number:	2:2013cv00450
Filed:	June 14, 2013
Court:	US District Court for the Middle District of Florida
Office:	Ft. Myers Office
County:	Charlotte
Presiding Judge:	Sheri Polster Chappell
Presiding Judge:	Douglas N. Frazier
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (DIWC)
Jury Demanded By:	None

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Date Filed	Document Text
July 1, 2014	Filing 41 ORDER Accepting and Adopting 40 REPORT AND RECOMMENDATIONS and is made a part of this Order for all purposes re 35 MOTION for Attorney Fees pursuant to 28 U.S.C. 2312(d) filed by Daniel Jipson. Plaintiff's Petition for EAJA Fees Pu rsuant to 28 U.S.C. § 2312(d) (Doc. 35) is GRANTED. Plaintiff is awarded $7,328.00 in attorney's fees and this may be paid directly to counsel if the United States Department of Treasury determines that no federal debt is owed. The Clerk is directed to enter an Amended Judgment accordingly. Signed by Judge Sheri Polster Chappell on 7/1/2014. (laf)
April 15, 2014	Filing 33 ORDER granting 32 the Commissioner's Unopposed Motion for Entry of Judgment with Remand. The Decision of the Commissioner is hereby reversed and the case is remanded under sentence four of 42 U.S.C. § 405(g) to the Commissioner of Social Security: On remand, the Commissioner will remand the case to the Administrative Law Judge to: (a) reassess Plaintiff's residual functional capacity and provide rationale for the assessed limitations; (b) reevaluate the medical source opinions, including the opinions of the state agency medical consultants; (c) reassess Plaintiff's credibility; (d) clarify the demands of Plaintiff's past relevant work and/or of the assessed limitations on Plaintiff's occupational base, and i f warranted, obtain vocational expert evidence; (e) if Plaintiff is found disabled, conduct the further proceedings required to determine whether drug addiction and alcoholism are contributing factors material to the determination of disability; and (f) any other proceedings the Commissioner deems appropriate. The Clerk is directed to enter Judgment accordingly and CLOSE the file. Signed by Judge Sheri Polster Chappell on 4/15/2014. (LMF)

Date Filed

Document Text

July 1, 2014

Filing 41 ORDER Accepting and Adopting 40 REPORT AND RECOMMENDATIONS and is made a part of this Order for all purposes re 35 MOTION for Attorney Fees pursuant to 28 U.S.C. 2312(d) filed by Daniel Jipson. Plaintiff's Petition for EAJA Fees Pu rsuant to 28 U.S.C. § 2312(d) (Doc. 35) is GRANTED. Plaintiff is awarded $7,328.00 in attorney's fees and this may be paid directly to counsel if the United States Department of Treasury determines that no federal debt is owed. The Clerk is directed to enter an Amended Judgment accordingly. Signed by Judge Sheri Polster Chappell on 7/1/2014. (laf)

April 15, 2014

Filing 33 ORDER granting 32 the Commissioner's Unopposed Motion for Entry of Judgment with Remand. The Decision of the Commissioner is hereby reversed and the case is remanded under sentence four of 42 U.S.C. § 405(g) to the Commissioner of Social Security: On remand, the Commissioner will remand the case to the Administrative Law Judge to: (a) reassess Plaintiff's residual functional capacity and provide rationale for the assessed limitations; (b) reevaluate the medical source opinions, including the opinions of the state agency medical consultants; (c) reassess Plaintiff's credibility; (d) clarify the demands of Plaintiff's past relevant work and/or of the assessed limitations on Plaintiff's occupational base, and i f warranted, obtain vocational expert evidence; (e) if Plaintiff is found disabled, conduct the further proceedings required to determine whether drug addiction and alcoholism are contributing factors material to the determination of disability; and (f) any other proceedings the Commissioner deems appropriate. The Clerk is directed to enter Judgment accordingly and CLOSE the file. Signed by Judge Sheri Polster Chappell on 4/15/2014. (LMF)

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Defendant: Commissioner of Social Security
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Plaintiff: Daniel Jipson
Represented By:	Mark V. Zakhvatayev
Represented By:	Carol Ann Avard
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