Wells v. Commissioner of Social Security
Plaintiff: Wayne Wells
Defendant: Commissioner of Social Security
Case Number: 4:2020cv00114
Filed: December 2, 2020
Court: US District Court for the District of Montana
Presiding Judge: John Johnston
Referring Judge: Brian Morris
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. ยง 405 Review of HHS Decision (DIWC)
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2022 Opinion or Order 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)
March 22, 2022 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)
March 22, 2022 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)
December 28, 2021 Opinion or Order 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)
December 28, 2021 Opinion or Order 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)
September 7, 2021 Filing 22 Social Security Reply Brief re #19 Social Security Opening Brief by Wayne Wells, filed by Wayne Wells. (Rasmusson, Eric)
August 25, 2021 Filing 21 Social Security Response Brief re #19 Social Security Opening Brief by Wayne Wells, filed by Commissioner of Social Security. (Mullen, Michael)
August 25, 2021 Filing 20 NOTICE of Appearance by Michael James Mullen on behalf of Commissioner of Social Security (Mullen, Michael)
July 26, 2021 Filing 19 Social Security Opening Brief by Wayne Wells. (Rasmusson, Eric)
July 12, 2021 Opinion or Order 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)
July 9, 2021 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)
May 20, 2021 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)
May 20, 2021 Filing 15 Administrative Record filed by Commissioner of Social Security. (Staples, Jeffrey)
May 3, 2021 Opinion or Order 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)
April 30, 2021 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)
April 5, 2021 Opinion or Order 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)
April 2, 2021 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)
February 17, 2021 Filing 10 CONSENT TO USMJ. (ACC)
February 17, 2021 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)
February 3, 2021 Opinion or Order 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)
February 3, 2021 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)
January 27, 2021 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)
January 27, 2021 Filing 6 NOTICE of Appearance by Jeffrey Staples on behalf of Commissioner of Social Security (Staples, Jeffrey)
December 29, 2020 Filing 5 SUMMONS Returned Executed by Wayne Wells. Commissioner of Social Security served on 12/28/2020, answer due 2/26/2021. (Rasmusson, Eric)
December 4, 2020 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)
December 2, 2020 Opinion or Order 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)
December 2, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis Eric Rasmusson appearing for Plaintiff Wayne Wells Motions referred to John Johnston. (TLO)
December 2, 2020 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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