Hengerer v. Commissioner of Social Security
| Abigail Hope Hengerer |
| Commissioner of Social Security |
| SSA |
| 6:2025cv01382 |
| July 23, 2025 |
| U.S. District Court for the Middle District of Florida |
| Daniel C Irick |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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Filing 21
ORDER granting in part and denying in part #20 Motion for Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412. The Motion (Doc. 20) is GRANTED to the extent that Plaintiff is awarded attorney fees in the amount of $9,802.00 and costs in the amount of $405.00 pursuant to the EAJA. The Motion (Doc. 20) is DENIED in all other respects. Signed by Magistrate Judge Daniel C. Irick on 1/16/2026. (TNP)
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| Filing 20 Unopposed MOTION for Attorney Fees pursuant to 28 U.S.C. 2412(d) by Abigail Hope Hengerer. (Attachments: #1 Exhibit Affidavit of Carol Avard, #2 Exhibit Attorney Fee Contract, #3 Exhibit Consumer Price Index, #4 Exhibit Affidavit of Mark Zakhvatayev)(Avard, Carol) |
| Filing 19 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (JG) |
| Filing 18 JUDGMENT entered in favor of Plaintiff. The final decision of the Commissioner is REVERSED and REMANDED to the Commissioner pursuant to sentence four of 405(g). (Signed by Deputy Clerk) (JG) |
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Filing 17
ORDER granting #16 Motion for Entry of Judgment with Remand. The final decision of the Commissioner is REVERSED and REMANDED to the Commissioner pursuant to sentence four of 405(g) for the above stated reasons. The Clerk is directed to terminate any pending motions, enter judgment in favor of Plaintiff as requested, and to close the case. Signed by Magistrate Judge Daniel C. Irick on 11/12/2025. (TNP)
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| Filing 16 Unopposed MOTION to Remand to Social Security Administration by Commissioner of Social Security. (Golden, Dennis) |
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Filing 15
ENDORSED ORDER striking #14 "Joint Stipulation to Remand Under Sentence 4 of 42 U.S.C. 405(g)." The Local Rules of this Court do not permit a party to seek relief via stipulation. A party seeking relief must file a motion compliant with Local Rule 3.01. Further, it is unclear what "deny any other relief requested by Plaintiff" means in this context and whether it would apply to a request for attorney fees under the EAJA or other authority. Signed by Magistrate Judge Daniel C. Irick on 11/11/2025. (Irick, Daniel)
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| Filing 14 STRICKEN per 15 Order - Joint MOTION to Remand to Social Security Administration by Commissioner of Social Security. (Golden, Dennis). |
| Filing 13 PLAINTIFF'S BRIEF in opposition to the Commissioner's decision filed by Abigail Hope Hengerer. (Attachments: #1 Exhibit BMI information)(Avard, Carol) |
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Filing 12
ENDORSED ORDER finding as moot #11 Unopposed Motion for Extension of Time. Plaintiff's memorandum is due on 10/13/2025. Signed by Magistrate Judge Daniel C. Irick on 10/6/2025. (Irick, Daniel)
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| Filing 11 Unopposed MOTION for Extension of Time to File the Memorandum of Law by Abigail Hope Hengerer. (Avard, Carol) |
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Filing 10
SOCIAL SECURITY ORDER. Signed by Magistrate Judge Daniel C. Irick on 9/5/2025. (TNP)
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| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Commissioner of Social Security. Related case(s): No (Golden, Dennis) |
| Filing 8 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Commissioner of Social Security. (Golden, Dennis) |
| Filing 7 SOCIAL security transcript of administrative proceedings re #1 Complaint by Commissioner of Social Security. (Attachments: #1 Transcript Index, #2 Admin Docs, #3 Payment Docs and Decisions, #4 Jurisdictional Docs, #5 Non-Disability Development, #6 Disability-Related Development, #7 Medical Records 1/4, #8 Medical Records 2/4, #9 Medical Records 3/4, #10 Medical Records 4/4)(Golden, Dennis) |
| Filing 6 NOTICE of Lead Counsel Designation and Appearance by Dennis Golden on behalf of Commissioner of Social Security. (Golden, Dennis) |
| Filing 5 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Abigail Hope Hengerer. (Avard, Carol) |
| Filing 4 NOTICE of Lead Counsel Designation by Carol Ann Avard on behalf of Abigail Hope Hengerer. Lead Counsel: Carol Avard. (Avard, Carol) |
| Filing 3 NOTICE of a related action per Local Rule 1.07(c) by Abigail Hope Hengerer. Related case(s): No (Avard, Carol) |
| Filing 2 NEW CASE ASSIGNED to Magistrate Judge Daniel C. Irick. New case number: 6:25-cv-1382-DCI. (AA) |
| Filing 1 COMPLAINT against Commissioner of Social Security (Filing fee $405 receipt number AFLMDC-23645641). The plaintiff CONSENTS to jurisdiction of the United States magistrate judge filed by Abigail Hope Hengerer. (Attachments: #1 Civil Cover Sheet)(Avard, Carol) |
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