MARQUIS v. COLVIN

MARQUIS v. COLVIN

Plaintiff:	CHRISTINA J MARQUIS
Defendant:	CAROLYN W COLVIN
Case Number:	1:2013cv00219
Filed:	November 1, 2013
Court:	US District Court for the Northern District of Florida
Office:	Gainesville Office
County:	Alachua
Presiding Judge:	GARY R JONES
Presiding Judge:	STEPHAN P MICKLE
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
March 26, 2015	Filing 20 ORDER ADOPTING 19 Report and Recommendation. The decision of the Commissioner, denying benefits, is REVERSED and this matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g). The Clerk is d irected to enter final judgment in favor of the Plaintiff, remanding this case to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the concerns raised in the Report and Recomm endation. Pursuant to Bergen, proceedings on attorney fees under the Social Security Act, 42 U.S.C. § 406(b), are stayed until the matter is fully adjudicated upon remand. The Plaintiff shall file a motion to award fees under 7; 406(b) within thirty (30) days after counsel receives notice from the Commissioner as to the Plaintiff's past due benefits. This stay relates only to attorney fee proceedings under § 406(b) of the Social Security Act, and not to attorney fee proceedings under the Equal Access to Justice Act, 28 U.S.C. § 2412, the latter of which may be adjudicated at this time. Signed by SENIOR JUDGE MAURICE M PAUL on 3/26/2015 - judgment entered. (atm)

Date Filed

Document Text

March 26, 2015

Filing 20 ORDER ADOPTING 19 Report and Recommendation. The decision of the Commissioner, denying benefits, is REVERSED and this matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g). The Clerk is d irected to enter final judgment in favor of the Plaintiff, remanding this case to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the concerns raised in the Report and Recomm endation. Pursuant to Bergen, proceedings on attorney fees under the Social Security Act, 42 U.S.C. § 406(b), are stayed until the matter is fully adjudicated upon remand. The Plaintiff shall file a motion to award fees under 7; 406(b) within thirty (30) days after counsel receives notice from the Commissioner as to the Plaintiff's past due benefits. This stay relates only to attorney fee proceedings under § 406(b) of the Social Security Act, and not to attorney fee proceedings under the Equal Access to Justice Act, 28 U.S.C. § 2412, the latter of which may be adjudicated at this time. Signed by SENIOR JUDGE MAURICE M PAUL on 3/26/2015 - judgment entered. (atm)

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Plaintiff: CHRISTINA J MARQUIS
Represented By:	N ALBERT BACHARACH, JR
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Defendant: CAROLYN W COLVIN
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