Duncan v. Commissioner of Social Security Administration

Justia Dockets & Filings Eleventh Circuit Georgia Northern District Duncan v. Commissioner of Social Security Administration

Duncan v. Commissioner of Social Security Administration

Plaintiff:	John Edward Duncan
Defendant:	Commissioner of Social Security Administration
Case Number:	1:2015cv02091
Filed:	June 11, 2015
Court:	US District Court for the Northern District of Georgia
Office:	Atlanta Office
County:	XX US, Outside State
Presiding Judge:	Janet F. King
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 31, 2016	Filing 28 OPINION AND ORDER Reversing and Remanding the decision of the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings in accordance with the above discussion. The Clerk is DIRECTED to enter judgment in favor of Plai ntiff. IT IS FURTHER ORDERED that, in the event past due benefits are awarded to Plaintiff upon remand, Plaintiff's attorney may file a motion for approval of attorney's fees under 42 U.S.C. §§ 406(b) and 1383(d)(2) no later than thirty days after the date of the Social Security letter sent to Plaintiffs counsel of record at the conclusion of the Agency's past-due benefit calculation stating the amount withheld for attorney's fees. Defendant's response, if any, shall be filed no later than thirty days after Plaintiff's attorney serves the motion on Defendant. Plaintiff shall file any reply within ten days of service of Defendant's response. Signed by Magistrate Judge Janet F. King on 3/31/2016. (anc)
June 11, 2015	Filing 19 ORDER RULING ON REPORT AND RECOMMENDATION adopting 15 Report and Recommendation, denying 10 Motion to Dismiss, granting 10 Motion to Transfer Venue, transferring the action to the Northern District of Georgia and staying Plaintiff's deadline to file his brief until the case is transferred. Signed by Honorable Mary G. Lewis on 06/11/2015. (bshr, ) [Transferred from South Carolina on 6/11/2015.]

Date Filed

Document Text

March 31, 2016

Filing 28 OPINION AND ORDER Reversing and Remanding the decision of the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings in accordance with the above discussion. The Clerk is DIRECTED to enter judgment in favor of Plai ntiff. IT IS FURTHER ORDERED that, in the event past due benefits are awarded to Plaintiff upon remand, Plaintiff's attorney may file a motion for approval of attorney's fees under 42 U.S.C. §§ 406(b) and 1383(d)(2) no later than thirty days after the date of the Social Security letter sent to Plaintiffs counsel of record at the conclusion of the Agency's past-due benefit calculation stating the amount withheld for attorney's fees. Defendant's response, if any, shall be filed no later than thirty days after Plaintiff's attorney serves the motion on Defendant. Plaintiff shall file any reply within ten days of service of Defendant's response. Signed by Magistrate Judge Janet F. King on 3/31/2016. (anc)

June 11, 2015

Filing 19 ORDER RULING ON REPORT AND RECOMMENDATION adopting 15 Report and Recommendation, denying 10 Motion to Dismiss, granting 10 Motion to Transfer Venue, transferring the action to the Northern District of Georgia and staying Plaintiff's deadline to file his brief until the case is transferred. Signed by Honorable Mary G. Lewis on 06/11/2015. (bshr, ) [Transferred from South Carolina on 6/11/2015.]

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Plaintiff: John Edward Duncan
Represented By:	Nowell S. Lesser
Represented By:	Charles Lee Martin
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Defendant: Commissioner of Social Security Administration
Represented By:	Melaine A. Williams
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