Wells v. Commissioner of Social Security
| Wayne Wells |
| Commissioner of Social Security |
| 4:2020cv00114 |
| December 2, 2020 |
| US District Court for the District of Montana |
| John Johnston |
| Brian Morris |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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Filing 27
ORDER; 1. Wellss Motion for an Award of EAJA Fees and costs #21 is GRANTED. Wells is entitled to an award of attorneys fees under 28 U.S.C. 2412 in the amount of $6,393.09, less any offset allowed under the Treasury Offset Program, and costs in the amount of $40.25. 2. If, after receiving this Order, the Commissioner determines that Wells owes a debt that qualifies as an offset under the Treasury Offset Program, the Commissioner should issue a check made payable to Wells in the amount of $6,433.34 less the amount of the offset. Wellss award check should be mailed to Wellss attorney, Eric Rasmusson, at the following address: Rasmusson Law Offices, PLLC, P.O. Box 7825, Missoula, MT 59807. 3. If the Commissioner determines that Wells has no outstanding debt that qualifies as an offset under the Treasury Offset Program, and that Wells has assigned his right to the EAJA fee award to his attorney, the Commissioner should make the check payable to Eric Rasmusson. Signed by Magistrate Judge John Johnston on 3/30/2022. (TLO)
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| Filing 26 AFFIDAVIT in Support re #25 Unopposed MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Wayne Wells. (Attachments: #1 Exhibit A - All Professional Time, #2 Exhibit B - Attorney Time 2020, #3 Exhibit C - Attorney Time 2021, #4 Exhibit D- Paralegal Time, #5 Exhibit E- Expenses, #6 Exhibit F- Affirmation and Waiver of Direct Payment of EAJA Fees, #7 Memorandum in Support, #8 Statement Pursuant to LR 7.1, #9 Certificate of Service) (Rasmusson, Eric) |
| Filing 25 Unopposed MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 Eric Rasmusson appearing for Plaintiff Wayne Wells (Rasmusson, Eric) |
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Filing 24
CLERK'S JUDGMENT; The Commissioner's decision to deny Wells's claim for disability and disability insurance benefits is REVERSED and REMANDED for further proceedings consistent with this Memorandum and Order. Signed by Magistrate Judge John Johnston on 12/28/2021. (TLO)
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Filing 23
MEMORANDUM AND ORDER; 1. The Commissioner's decision to deny Wells's claim for disability and disability insurance benefits is REVERSED and REMANDED for further proceedings consistent with this Memorandum and Order. 2. The Clerk is directed to enter judgment accordingly. Signed by Magistrate Judge John Johnston on 12/28/2021. (TLO)
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| Filing 22 Social Security Reply Brief re #19 Social Security Opening Brief by Wayne Wells, filed by Wayne Wells. (Rasmusson, Eric) |
| Filing 21 Social Security Response Brief re #19 Social Security Opening Brief by Wayne Wells, filed by Commissioner of Social Security. (Mullen, Michael) |
| Filing 20 NOTICE of Appearance by Michael James Mullen on behalf of Commissioner of Social Security (Mullen, Michael) |
| Filing 19 Social Security Opening Brief by Wayne Wells. (Rasmusson, Eric) |
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Filing 18
ORDER FOR EXTENSION OF TIME TO FILE PLAINTIFF'S OPENING BRIEF: Based on Plaintiffs #17 Unopposed Motion, it is hereby ORDERED that the time for Plaintiff to file Plaintiffs Opening Brief shall be amended as follows: Plaintiff shall have up to and including July 26, 2021, to file Plaintiffs Opening Brief. Defendants response brief must be filed within 30 days after the Plaintiffs Brief is filed. Plaintiffs Reply Brief, if any, must be filed within 14 days after the Defendants Brief is filed. Signed by Magistrate Judge John Johnston on 7/12/2021. (SLR)
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| Filing 17 Unopposed MOTION for Extension of Time to File Plaintiff's Opening Brief Eric Rasmusson appearing for Plaintiff Wayne Wells (Attachments: #1 Text of Proposed Order) (Rasmusson, Eric) |
| Filing 16 Social Security Briefing Schedule. Plaintiff's opening brief is due within 60 days of filing of the answer. Defendant's response brief due within 30 days after plaintiff's brief is filed. Plaintiff's reply brief, if any, due within 14 days after defendant's brief is filed.Opening Brief due by 7/19/2021. (ACC) |
| Filing 15 Administrative Record filed by Commissioner of Social Security. (Staples, Jeffrey) |
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Filing 14
ORDER granting #13 Motion for Extension of Time to Answer Complaint: Commissioner of Social Security answer due 5/28/2021. Signed by Magistrate Judge John Johnston on 5/3/2021. (MMS)
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| Filing 13 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, Jeffrey Staples appearing for Defendant Commissioner of Social Security (Attachments: #1 Text of Proposed Order, #2 Exhibit) (Staples, Jeffrey) |
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Filing 12
ORDER; Based on Defendants Motion #11 , it is hereby ORDERED that the Answer due date shall be amended as follows: Defendant shall have up to and including April 30, 2021, to file a response to Plaintiffs Complaint, including the certified administrative record. If the certified administrative record becomes available to the Office of the General Counsel before the aforementioned date, the record may be filed earlier, if feasible. If the Commissioner is unable to file the certified administrative record by that date, the Commissioner shall file another motion for extension every 28 days until the certified administrative record becomes available. Signed by Magistrate Judge John Johnston on 4/5/2021. (TLO)
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| Filing 11 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, Jeffrey Staples appearing for Defendant Commissioner of Social Security (Attachments: #1 Text of Proposed Order, #2 Exhibit) (Staples, Jeffrey) |
| Filing 10 CONSENT TO USMJ. (ACC) |
| Clerk's Notice Upon Consent to USMJ. Pursuant to Standing Order DLC-51 and consent of the parties having been made, this case is assigned to the United States magistrate judge to conduct all further proceedings, enter judgment and conduct all post-trial proceedings. Case reassigned to Magistrate Judge John Johnston. (ACC) |
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Filing 9
ORDER: Based on Defendant's #8 Motion, it is hereby ORDERED that the Answer due date shall be amended as follows: Defendant shall have up to and including April 2, 2021, to file a response to Plaintiff's Complaint, including the certified administrative record. Signed by Judge Brian Morris on 2/3/2021. (ACC)
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| Filing 8 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, Jeffrey Staples appearing for Defendant Commissioner of Social Security Motions referred to John Johnston. (Attachments: #1 Text of Proposed Order, #2 Exhibit) (Staples, Jeffrey) |
| Filing 7 Mailing of Consent - Honorable John Johnston as Presiding Judge. Electronically mailed to counsel Jeffrey Staples, Victoria L. Francis, Eric Rasmusson. Consent/Objection to USMJ Form due by 2/16/2021. (ACC) |
| Filing 6 NOTICE of Appearance by Jeffrey Staples on behalf of Commissioner of Social Security (Staples, Jeffrey) |
| Filing 5 SUMMONS Returned Executed by Wayne Wells. Commissioner of Social Security served on 12/28/2020, answer due 2/26/2021. (Rasmusson, Eric) |
| Filing 4 Summons Issued as to Commissioner of Social Security, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons Issued SSA, #2 Summons Issued USA) (MMS) (Originals e-mailed to counsel) |
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The Clerk shall waive prepayment of the filing fee. The Clerk shall edit the text of the docket entry for the Complaint to remove the word "LODGED" and the Complaint is deemed filed on December 2, 2020. Signed by Magistrate Judge John Johnston on 12/2/2020. (MMS)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis Eric Rasmusson appearing for Plaintiff Wayne Wells Motions referred to John Johnston. (TLO) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Wayne Wells. (Attachments: #1 Exhibit A - Notice of Appeals Council Action, #2 Civil Cover Sheet, #3 Proposed Summons - United States Attorney General, #4 Proposed Summons - Office of the Regional Chief Counsel, Region X, #5 Proposed Summons - United States Attorney's Office) (TLO) |
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| Plaintiff: Wayne Wells | |
| Represented By: | Eric Rasmusson |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Victoria L. Francis |
| Represented By: | Jeffrey Staples |
| Represented By: | Michael James Mullen |
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