Vergara v. Commissioner of Social Security

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

Vergara v. Commissioner of Social Security

Plaintiff:	Douglas Edward Vergara
Defendant:	Commissioner of Social Security
Case Number:	8:2018cv01141
Filed:	May 10, 2018
Court:	US District Court for the Middle District of Florida
Office:	Tampa Office
County:	Sarasota
Presiding Judge:	Charlene Edwards Honeywell
Presiding Judge:	Amanda Arnold Sansone
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
April 29, 2021	Filing 35 ORDER: (1) The Report and Recommendation of the Magistrate Judge 34 is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. (2) Plaintiff's Unopposed Petition a nd Memorandum in Support for Reasonable Attorney's Fees Pursuant to 41 U.S.C. § 406(b) 31 is GRANTED to the extent set forth below. (3) Plaintiff's counsel, Carol Avard, is awarded $34,520.45 pursuant to 42 U.S.C. § 406(b ), minus the $8,070.50 already received by counsel as EAJA fees. The net award of $26,449.95 shall be paid to counsel from the past-due benefits withheld. To the extent the withheld funds are insufficient to pay the net award, Ms. Avard may follow the appropriate administrative procedures to recover the outstanding amount. (4) The Clerk of the Court is directed to enter judgment accordingly. (5) This file shall remain closed. Signed by Judge Charlene Edwards Honeywell on 4/29/2021. (BGS)
August 21, 2019	Filing 25 ORDER: (1) The Report and Recommendation of the Magistrate Judge 24 is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review. (2) The final decision of the Commissione r is REVERSED. This case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings as follows: A) Reconsider all of the opinions of Dr. Hershkowitz and Dr. Jen; state with particularity the weight afforded and the reasons why; if discounted, provide good cause; (B) Adequately reflect consideration of the alleged side effects of Plaintiff's medications; and (C) Take such other action as may be necessary to resolve this matter properly. (3 ) Plaintiff's counsel is directed that, in the event benefits are awarded on remand, counsel shall ensure that any § 406(b) fee application be filed within the parameters set forth by the Order entered in Case No. 6:12-mc-124-Orl-22 (In Re : Procedures for Applying for Attorney's Fees Under 42 U.S.C. §§ 406(b) and 1383(d)(2)). (4)The Clerk is directed to terminate any pending motions, enter a judgment in favor of Plaintiff, and close this case. Signed by Judge Charlene Edwards Honeywell on 8/21/2019. (BGS)

Date Filed

Document Text

April 29, 2021

Filing 35 ORDER: (1) The Report and Recommendation of the Magistrate Judge 34 is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. (2) Plaintiff's Unopposed Petition a nd Memorandum in Support for Reasonable Attorney's Fees Pursuant to 41 U.S.C. § 406(b) 31 is GRANTED to the extent set forth below. (3) Plaintiff's counsel, Carol Avard, is awarded $34,520.45 pursuant to 42 U.S.C. § 406(b ), minus the $8,070.50 already received by counsel as EAJA fees. The net award of $26,449.95 shall be paid to counsel from the past-due benefits withheld. To the extent the withheld funds are insufficient to pay the net award, Ms. Avard may follow the appropriate administrative procedures to recover the outstanding amount. (4) The Clerk of the Court is directed to enter judgment accordingly. (5) This file shall remain closed. Signed by Judge Charlene Edwards Honeywell on 4/29/2021. (BGS)

August 21, 2019

Filing 25 ORDER: (1) The Report and Recommendation of the Magistrate Judge 24 is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review. (2) The final decision of the Commissione r is REVERSED. This case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings as follows: A) Reconsider all of the opinions of Dr. Hershkowitz and Dr. Jen; state with particularity the weight afforded and the reasons why; if discounted, provide good cause; (B) Adequately reflect consideration of the alleged side effects of Plaintiff's medications; and (C) Take such other action as may be necessary to resolve this matter properly. (3 ) Plaintiff's counsel is directed that, in the event benefits are awarded on remand, counsel shall ensure that any § 406(b) fee application be filed within the parameters set forth by the Order entered in Case No. 6:12-mc-124-Orl-22 (In Re : Procedures for Applying for Attorney's Fees Under 42 U.S.C. §§ 406(b) and 1383(d)(2)). (4)The Clerk is directed to terminate any pending motions, enter a judgment in favor of Plaintiff, and close this case. Signed by Judge Charlene Edwards Honeywell on 8/21/2019. (BGS)

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Plaintiff: Douglas Edward Vergara
Represented By:	Carol Ann Avard
Represented By:	Mark V. Zakhvatayev
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Defendant: Commissioner of Social Security
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