Busho v. Commissioner of Social Security

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

Busho v. Commissioner of Social Security

Plaintiff:	Rodney Duane Busho
Defendant:	Commissioner of Social Security
Case Number:	8:2013cv02921
Filed:	November 18, 2013
Court:	US District Court for the Middle District of Florida
Office:	Tampa Office
County:	Hillsborough
Presiding Judge:	Mark A. Pizzo
Presiding Judge:	James S. Moody
Nature of Suit:	Supplemental Security Income
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
December 8, 2014	Filing 37 ORDER: Plaintiff's Unopposed Motion for Attorney Fees Under the Equal Access to Justice Act (Dkt. #36) is GRANTED. The Clerk of Court is directed to enter a judgment in favor of Plaintiff against Defendant in the amount of $2,263.00. Signed by Judge James S. Moody, Jr on 12/8/2014. (LN)
October 20, 2014	Filing 34 ORDER adopting 33 Report and Recommendations. The Commissioner's decision is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the Administrative Law Judge is required to (a) reconsider Plaintiff's applications and the record in light of the correct alleged date of disability onset; (b) reevaluate Plaintiff's credibility; (c) reevaluate the testimony of Ms. Zimmer, and state the weight assigned to this testimony and why; (d) reconsider Dr. Murthy Ravipati's opinions; (e) ensure that a full and fair record is developed; (f) reconsider Plaintiff's RFC, if appropriate; and (g) conduct any further proceedings deemed appropriate. Should this remand result in the award of benefit s, Plaintiff's attorney is GRANTED, pursuant to Rule 54(d)(2)(B) of the Federal Rules of Civil Procedure, an extension of time in which to file a petition for authorization of attorneys' fees under 42U.S.C. § 406(b), until thirty (30) days after the date of the Commissioner's letter sent to Plaintiff's counsel of record at the conclusion of the Agency's past due benefit calculation stating the amount withheld for fees. The extension does not apply to the filing of a motion for attorneys' fees under the Equal Access to Justice Act, 28 U.S.C. § 2412. The Clerk of the Court is DIRECTED to enter judgment consistent with the Order and close the file. Signed by Judge James S. Moody, Jr on 10/20/2014. (LN)

Date Filed

Document Text

December 8, 2014

Filing 37 ORDER: Plaintiff's Unopposed Motion for Attorney Fees Under the Equal Access to Justice Act (Dkt. #36) is GRANTED. The Clerk of Court is directed to enter a judgment in favor of Plaintiff against Defendant in the amount of $2,263.00. Signed by Judge James S. Moody, Jr on 12/8/2014. (LN)

October 20, 2014

Filing 34 ORDER adopting 33 Report and Recommendations. The Commissioner's decision is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the Administrative Law Judge is required to (a) reconsider Plaintiff's applications and the record in light of the correct alleged date of disability onset; (b) reevaluate Plaintiff's credibility; (c) reevaluate the testimony of Ms. Zimmer, and state the weight assigned to this testimony and why; (d) reconsider Dr. Murthy Ravipati's opinions; (e) ensure that a full and fair record is developed; (f) reconsider Plaintiff's RFC, if appropriate; and (g) conduct any further proceedings deemed appropriate. Should this remand result in the award of benefit s, Plaintiff's attorney is GRANTED, pursuant to Rule 54(d)(2)(B) of the Federal Rules of Civil Procedure, an extension of time in which to file a petition for authorization of attorneys' fees under 42U.S.C. § 406(b), until thirty (30) days after the date of the Commissioner's letter sent to Plaintiff's counsel of record at the conclusion of the Agency's past due benefit calculation stating the amount withheld for fees. The extension does not apply to the filing of a motion for attorneys' fees under the Equal Access to Justice Act, 28 U.S.C. § 2412. The Clerk of the Court is DIRECTED to enter judgment consistent with the Order and close the file. Signed by Judge James S. Moody, Jr on 10/20/2014. (LN)

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Defendant: Commissioner of Social Security
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Plaintiff: Rodney Duane Busho
Represented By:	Joel B. Fein
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