Birne v. Commissioner of Social Security

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

Birne v. Commissioner of Social Security

Plaintiff:	Sandi Birne
Defendant:	Commissioner of Social Security
Case Number:	2:2017cv00400
Filed:	July 17, 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:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
October 19, 2020	Filing 29 ORDERED: United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. 28) is ACCEPTED and ADOPTED and the findings are incorporated herein. Plaintiff's Uncontested Petition for Attorney's Fees is GRANTED (Doc. 26). The Commissioner of Social Security must PAY Plaintiff's counsel $21, 909.75 in attorney's fees. Upon Plaintiff's counsel's receipt of these fees, Plaintiff's counsel must REMIT the $8,032.87 prior fee awar d under the EAJA to Plaintiff. If applicable, the Commissioner of Social Security must also PAY directly to Plaintiff any remaining portion of the past-due benefits previously withheld pending the Court's determination of attorney's fees. The Clerk is DIRECTED to enter an amended judgment awarding $21,909.75 to Plaintiff's counsel for attorney's fees. Signed by Judge Sheri Polster Chappell on 10/19/2020. (AEH)
July 30, 2018	Filing 20 ORDER accepting and adopting the Report and Recommendation 18 and the findings incorporated herein. The Commissioner's decision is REVERSED, and this matter is REMANDED for rehearing under sentence four of 42 U.S.C. § 405(g), with ins tructions to the Administrative Law Judge to: a. Re-evaluate Plaintiff's RFC in light of all of her alleged impairments singularly and in combination; b.Re-evaluate whether there are jobs available in significant numbers that Plaintiff can perfo rm given her RFC, which may require additional testimony from a vocational expert; c.Conduct any further proceedings deemed appropriate. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate any pending motions, and close this case.Signed by Judge Sheri Polster Chappell on 7/30/2018. (LMF)

Date Filed

Document Text

October 19, 2020

Filing 29 ORDERED: United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. 28) is ACCEPTED and ADOPTED and the findings are incorporated herein. Plaintiff's Uncontested Petition for Attorney's Fees is GRANTED (Doc. 26). The Commissioner of Social Security must PAY Plaintiff's counsel $21, 909.75 in attorney's fees. Upon Plaintiff's counsel's receipt of these fees, Plaintiff's counsel must REMIT the $8,032.87 prior fee awar d under the EAJA to Plaintiff. If applicable, the Commissioner of Social Security must also PAY directly to Plaintiff any remaining portion of the past-due benefits previously withheld pending the Court's determination of attorney's fees. The Clerk is DIRECTED to enter an amended judgment awarding $21,909.75 to Plaintiff's counsel for attorney's fees. Signed by Judge Sheri Polster Chappell on 10/19/2020. (AEH)

July 30, 2018

Filing 20 ORDER accepting and adopting the Report and Recommendation 18 and the findings incorporated herein. The Commissioner's decision is REVERSED, and this matter is REMANDED for rehearing under sentence four of 42 U.S.C. § 405(g), with ins tructions to the Administrative Law Judge to: a. Re-evaluate Plaintiff's RFC in light of all of her alleged impairments singularly and in combination; b.Re-evaluate whether there are jobs available in significant numbers that Plaintiff can perfo rm given her RFC, which may require additional testimony from a vocational expert; c.Conduct any further proceedings deemed appropriate. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate any pending motions, and close this case.Signed by Judge Sheri Polster Chappell on 7/30/2018. (LMF)

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