Rush v. SSA

Rush v. SSA

Plaintiff:	Patricia Rush
Defendant:	Commissioner of SSA
Case Number:	3:2018cv00006
Filed:	February 15, 2018
Court:	US District Court for the Eastern District of Kentucky
Office:	Frankfort Office
County:	Franklin
Presiding Judge:	Gregory F. VanTatenhove
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
July 15, 2019	Filing 30 MEMORANDUM OPINION & ORDER: 1. Commissioners motions 26 to remand pursuant to sentence six of 42 U.S.C. § 405 (g) are DENIED; 2. The Commissioners decisions denying the plaintiffs disability claims on redetermination are hereby VACATED; 3. The plaintiffs requests to reinstate benefits pending the Commissioners decision on remand are GRANTED consistent with this opinion; 4. Pursuant to sentence four of 42 U.S.C. § 405(g), these matters are REMANDED to the SSA for further proc eedings consistent with the Sixth Circuits decision in Hicks v. Commissioner of Social Security, 909 F.3d 786 (6th Cir. 2018); 5. These matters are STRICKEN from the active docket of this Court, to be restored to the active docket upon motion by any party for good cause shown; 6. Any pending requests for relief in these actions are DENIED AS MOOT; 7. This is a FINAL AND APPEALABLE ORDER and there is NO JUST CAUSE FOR DELAY; and 8. A separate judgment will this date be entered. Signed by Judge Gregory F. VanTatenhove on 7/15/2019.(CBD)cc: COR

Date Filed

Document Text

July 15, 2019

Filing 30 MEMORANDUM OPINION & ORDER: 1. Commissioners motions 26 to remand pursuant to sentence six of 42 U.S.C. § 405 (g) are DENIED; 2. The Commissioners decisions denying the plaintiffs disability claims on redetermination are hereby VACATED; 3. The plaintiffs requests to reinstate benefits pending the Commissioners decision on remand are GRANTED consistent with this opinion; 4. Pursuant to sentence four of 42 U.S.C. § 405(g), these matters are REMANDED to the SSA for further proc eedings consistent with the Sixth Circuits decision in Hicks v. Commissioner of Social Security, 909 F.3d 786 (6th Cir. 2018); 5. These matters are STRICKEN from the active docket of this Court, to be restored to the active docket upon motion by any party for good cause shown; 6. Any pending requests for relief in these actions are DENIED AS MOOT; 7. This is a FINAL AND APPEALABLE ORDER and there is NO JUST CAUSE FOR DELAY; and 8. A separate judgment will this date be entered. Signed by Judge Gregory F. VanTatenhove on 7/15/2019.(CBD)cc: COR

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Plaintiff: Patricia Rush
Represented By:	Mark A. Rouse
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Defendant: Commissioner of SSA
Represented By:	Cheryl D. Morgan
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