Huber et al v. Astrue
||James P. Huber and Ardella S. Huber
||Michael J. Astrue
||Office of General Counsel Social Security Administration
||January 23, 2014
||US District Court for the District of Nebraska
||4 Lincoln Office
||Richard G. Kopf
|Nature of Suit:
||Social Security: HIA
|Cause of Action:
||42:0405 Review of HHS Decision
|Jury Demanded By:
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|August 15, 2014
MEMORANDUM AND ORDER regarding: Complaint 1 filed by Ardella S. Huber, James P. Huber. In summary, the ALJ fully investigated Plaintiff's claims and then correctly analyzed the law and the facts. The ALJ made a substantially supported findi ng that Plaintiff was "not without fault" in causing the overpayment and therefore was liable for the overpayment. Accordingly, the decision of the Commissioner is affirmed pursuant to sentence four of 42 U.S.C. § 405(g). Final judgment will be entered by separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
|May 28, 2014
ORDER that Plaintiffs' motions for enlargement of time 15 and 16 are granted, and the briefing schedule is modified as follows: 1. Plaintiffs shall file a brief by June 16, 2014; 2. Defendant shall file a brief by July 16, 2014; 3. Plaintiffs may file a reply brief by July 30, 2014; and 4. This case shall be ripe for decision on July 31, 2014. Ordered by Senior Judge Richard G. Kopf. (JSF)
|January 28, 2014
ORDER granting 2 and 3 Motions for Leave to Proceed in forma pauperis. The Clerk shall send 3 summons forms and 3 USM-284 forms to Plaintiffs for service of process on the United States. Federal Rule of Civil Procedure 4(m) requires service of pr ocess by no later than 120 days after the filing of a civil complaint. Plaintiffs shall, as soon as possible, complete the forms (see attached Notice for persons to be served) and send the completed summonses and USM-285 forms back to the Clerk of th e court. In the absence of those forms, service of process cannot occur. Upon receipt of the completed summons forms and USM-285 forms, the Clerk shall sign the summonses and forward them, together with copies of the complaint, to the U.S. Marshal for service on the United States. The Marshal shall serve the United States, without payment of costs or fees. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (JSF)
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