De La Cerda v. Astrue
Plaintiff: Arturo De La Cerda
Defendant: Michael J. Astrue
Interested Party: Office of General Counsel Social Security Administration
Case Number: 4:2010cv03252
Filed: December 23, 2010
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Presiding Judge: Cheryl R. Zwart
Nature of Suit: Social Security: SSID Tit. XVI
Cause of Action: 42:205 Denial Social Security Benefits
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 22, 2012 Opinion or Order Filing 40 MEMORANDUM AND ORDER granting 36 Plaintiff's Unopposed Motion for Attorney Fees. Pursuant to the Equal Access to Justice Act (EAJA), the defendant shall pay to the plaintiff $7,000.00 for attorney fees and $500.00 for expenses, for a total amount of $7,500.00. The defendant shall determine if the plaintiff owes a debt to the United States that is subject to offset. If there is no debt owed by plaintiff, the fee award shall be made payable to plaintiff's attorney. Shou ld there be an offsettable debt in an amount less than the EAJA award, then the amount of the EAJA award exceeding the offsettable debt shall be paid to plaintiff by a check made payable to plaintiff and sent to plaintiff in care of plaintiffs counsel at counsel's office of record. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 11, 2012 Opinion or Order Filing 34 MEMORANDUM AND ORDER regarding Complaint, 1 filed by Arturo De La Cerda. This matter is reversed and remanded for further proceeding in accordance with sentence four of 42 U.S.C. § 405(g). On remand the ALJ shall further develop the record in regard to whether a sufficient number of jobs exist in the national economy for an individual with De La Cerdas RFC, as defined by ALJ. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 11, 2011 Opinion or Order Filing 20 ORDER granting 19 Plaintiff's Motion to continue regarding ORDER setting briefing schedule 16 . Parties disagree on whether the filed administrative record is complete. If the dispute over the administrative record is not resolved by June 6, 2 011, the plaintiff shall present the issue to the court for resolution, with defendant having fourteen days thereafter to respond, and plaintiff having seven days to reply. If the parties resolve their dispute over the administrative record by June 6 , 2011: a. The plaintiff shall file his initial brief by July 6, 2001; b. The government shall file its responsive brief by August 5, 2011; and c. Any reply by the plaintiff shall be filed on or before August 19, 2011. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 17, 2011 Opinion or Order Filing 17 MEMORANDUM AND ORDER - If the parties consent to final disposition of the case by the undersigned magistrate judge, on or before April 18, 2011, they shall complete the attached "CONSENT TO EXERCISE OF JURISDICTION BY A UNITED STATESMAGISTRATE J UDGE." After all parties have signed this form, e-mail it in.pdf format to consent@ned.uscourts.gov. Do not electronically file this form or submit it to chambers. In the absence of timely submitting the attached form in accordance with paragraph (1), the case will be reassigned to a district judge. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG, )
December 27, 2010 Opinion or Order Filing 6 MEMORANDUM AND ORDER granting 2 Motion for Leave to proceed in forma pauperis. The Clerk shall send a copy of this Memorandum and Order together with 3 summons forms and 3 Form 285 to the plaintiff's attorney of record for service of process on the United States. Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed) (JSF)
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Defendant: Michael J. Astrue
Represented By: Lynnett M. Wagner
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Plaintiff: Arturo De La Cerda
Represented By: Stephen L. Speicher
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Interested party: Office of General Counsel Social Security Administration
Represented By: Office of General Counsel Social Security Administ
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