Whaley v. Commissioner of Social Security

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

Whaley v. Commissioner of Social Security

Plaintiff:	Jennifer L. Whaley
Defendant:	Commissioner of Social Security
Case Number:	2:2017cv00324
Filed:	June 13, 2017
Court:	US District Court for the Middle District of Florida
Office:	Ft. Myers Office
County:	XX US, Outside State
Presiding Judge:	Unassigned Judge
Presiding Judge:	Carol Mirando
Nature of Suit:	Retirement and Survivors Benefits
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
November 28, 2018	Filing 28 ORDER adopting 27 REPORT AND RECOMMENDATIONS re 26 Unopposed MOTION for Attorney Fees pursuant to 28 U.S.C. 2312(d) filed by Jennifer L. Whaley. The Report and Recommendation (Doc. 27 ) is ACCEPTED and ADOPTED and the findings incorporated herein. Plaintiff Jennifer Whaley's Uncontested Petition for Equal Access to Justice Act Fees Pursuant to 28 U.S.C. § 2412(d) (Doc. 26 ) is GRANTED. Attorney's fees in the total amount of $7,909.87 are awarded to Pla intiff pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d); and If the United States Department of the Treasury determines that Plaintiff does not owe a federal debt, the Government accept Plaintiff's assignment of Equal Access to Justice Act fees and pay fees directly to Plaintiff's counsel. The Clerk of Court is DIRECTED to enter judgment for Plaintiff as to attorney's fees in the total amount of $7,909.87 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).Signed by Judge Sheri Polster Chappell on 11/28/2018. (LMF)
August 16, 2018	Filing 24 ORDER adopting 23 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Jennifer L. Whaley. The Report and Recommendation (Doc. 23) is ACCEPTED and ADOPTED and the findings incorporated herein. 2. The decision of the Commissioner is REVERS ED and this matter is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for the Commissioner to: a. Fully consider all evidence from Kellee Anderson and resolve and conflicts therein; b. Reevaluate as appropriate th e evidence of Rebecca Marazon, MS, CAS, and Christine Needham, Ed.D.; and c. Make any other determinations consistent with this Order or in the interests of justice. 3. The Clerk of Court is DIRECTED to enter judgment pursuant to sentence four of 42 U.S.C. § 405(b) in favor of Jennifer Whaley, and close the file. Signed by Judge Sheri Polster Chappell on 8/16/2018. (LMF)

Date Filed

Document Text

November 28, 2018

Filing 28 ORDER adopting 27 REPORT AND RECOMMENDATIONS re 26 Unopposed MOTION for Attorney Fees pursuant to 28 U.S.C. 2312(d) filed by Jennifer L. Whaley. The Report and Recommendation (Doc. 27 ) is ACCEPTED and ADOPTED and the findings incorporated herein. Plaintiff Jennifer Whaley's Uncontested Petition for Equal Access to Justice Act Fees Pursuant to 28 U.S.C. § 2412(d) (Doc. 26 ) is GRANTED. Attorney's fees in the total amount of $7,909.87 are awarded to Pla intiff pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d); and If the United States Department of the Treasury determines that Plaintiff does not owe a federal debt, the Government accept Plaintiff's assignment of Equal Access to Justice Act fees and pay fees directly to Plaintiff's counsel. The Clerk of Court is DIRECTED to enter judgment for Plaintiff as to attorney's fees in the total amount of $7,909.87 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).Signed by Judge Sheri Polster Chappell on 11/28/2018. (LMF)

August 16, 2018

Filing 24 ORDER adopting 23 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Jennifer L. Whaley. The Report and Recommendation (Doc. 23) is ACCEPTED and ADOPTED and the findings incorporated herein. 2. The decision of the Commissioner is REVERS ED and this matter is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for the Commissioner to: a. Fully consider all evidence from Kellee Anderson and resolve and conflicts therein; b. Reevaluate as appropriate th e evidence of Rebecca Marazon, MS, CAS, and Christine Needham, Ed.D.; and c. Make any other determinations consistent with this Order or in the interests of justice. 3. The Clerk of Court is DIRECTED to enter judgment pursuant to sentence four of 42 U.S.C. § 405(b) in favor of Jennifer Whaley, and close the file. Signed by Judge Sheri Polster Chappell on 8/16/2018. (LMF)

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Plaintiff: Jennifer L. Whaley
Represented By:	Carol Ann Avard
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Defendant: Commissioner of Social Security
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