Brown v. Commissioner of Social Security

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

Brown v. Commissioner of Social Security

Plaintiff:	Angela Brown
Defendant:	Commissioner of Social Security
Case Number:	8:2013cv01121
Filed:	April 25, 2013
Court:	US District Court for the Middle District of Florida
Office:	Tampa Office
County:	Hillsborough
Presiding Judge:	Elizabeth A. Jenkins
Presiding Judge:	Mary S. Scriven
Nature of Suit:	Social Security: SSID Title XVI
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (SSID)
Jury Demanded By:	None

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Date Filed	Document Text
February 23, 2015	Filing 28 ORDER adopting 27 Report and Recommendation of the Magistrate Judge. (1)The Report and Recommendation of the Magistrate Judge is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appella te review. (2) The decision of the Commissioner is REVERSED. This case is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings. (3) The Clerk is directed to terminate any pending motions, en ter a judgment in favor of Plaintiff, and close this case. The final judgment shall state that if Plaintiff ultimately prevails in this case upon remand to the Social Security Administration, any motion for attorney's fees under 42 U.S.C. § ; 406(b) must be filed no later than thirty (30) days after the date of the Social Security letter sent to the plaintiff's counsel of record at the conclusion of the Agency's past due benefit calculation stating the amount withheld for attorney's fees. See In re Procedures for Applying for Attorney Fees under 42 U.S.C. §§ 406(b) and 1383(d)(2), No. 6:12-mc-124-CRL-22 (M.D. Fla. Nov. 13, 2012). Signed by Judge Charlene Edwards Honeywell on 2/23/2015. (BGS)

Date Filed

Document Text

February 23, 2015

Filing 28 ORDER adopting 27 Report and Recommendation of the Magistrate Judge. (1)The Report and Recommendation of the Magistrate Judge is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appella te review. (2) The decision of the Commissioner is REVERSED. This case is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings. (3) The Clerk is directed to terminate any pending motions, en ter a judgment in favor of Plaintiff, and close this case. The final judgment shall state that if Plaintiff ultimately prevails in this case upon remand to the Social Security Administration, any motion for attorney's fees under 42 U.S.C. § ; 406(b) must be filed no later than thirty (30) days after the date of the Social Security letter sent to the plaintiff's counsel of record at the conclusion of the Agency's past due benefit calculation stating the amount withheld for attorney's fees. See In re Procedures for Applying for Attorney Fees under 42 U.S.C. §§ 406(b) and 1383(d)(2), No. 6:12-mc-124-CRL-22 (M.D. Fla. Nov. 13, 2012). Signed by Judge Charlene Edwards Honeywell on 2/23/2015. (BGS)

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Plaintiff: Angela Brown
Represented By:	Jeanette A. Kelley
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Defendant: Commissioner of Social Security
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