Shannon v. Social Security Administration
| Melanie C Shannon |
| Social Security Administration |
| 4:2009cv03034 |
| February 13, 2009 |
| US District Court for the District of Nebraska |
| Social Security: SSID Tit. XVI Office |
| Buffalo |
| David L. Piester |
| None |
| U.S. Government Defendant |
| 42:205 Denial Social Security Benefits |
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Filing
41
MEMORANDUM AND ORDER granting 37 Motion for Attorney Fees. By separate document, the court shall enter judgment for Plaintiff and against Defendant, providing that Plaintiff is awarded attorney fees of $6,694.80, to be paid directly to Plaintiff's counsel. Ordered by Judge Richard G. Kopf. (JAE)
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Filing
32
MEMORANDUM AND ORDER - IT IS ORDERED that the decision of the Commissioner is reversed, and the cause is remanded for further proceedings because: (1) the ALJ failed to fully assess and explain whether, and reconcile how, Shannon can perform jobs ide ntified by the vocational expert which, based on their DOT descriptions, exceed Shannons residual functional capacity; and 2) the ALJ failed to explain Shannons 2- to 3-hour workday limitation and failed to assess whether performing the jobs identifi ed by the vocational expert for two to three hours a day could result in substantial gainful employment. The other issues raised in this appeal lack merit and are denied. Judgment will be entered by separate document. Ordered by Judge Richard G. Kopf. (MKR)
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Filing
7
ORDER-Plaintiff's application to proceed in forma pauperis, filing no. 3 , is granted and plaintiff shall be allowed to proceed without payment of filing fees and fees for service of process. The marshal is directed to serve process without payment of fees and expenses. Ordered by Magistrate Judge David L. Piester. (1 Certified copy to USM)(LKH)
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| Plaintiff: Melanie C Shannon | |
| Represented By: | Stephen L. Speicher |
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| Defendant: Social Security Administration | |
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