Smith v. Berryhill
| Erica M. Smith |
| Nancy A. Berryhill |
| Office of General Counsel Social Security Administration |
| 8:2018cv00240 |
| June 1, 2018 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| John M. Gerrard |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
27
MEMORANDUM AND ORDER - IT IS ORDERED: The plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b) (filing 25 ) is granted. By separate document, the Court shall enter judgment for plaintiff and against defendant providing that plaintiff is awarded attorney fees of $16,928.00. That sum shall be sent to plaintiff's counsel, Mr. Kappelman, who shall be responsible for refunding the fee award under the Equal Access to Justice Act to the plaintiff and remitting to Mr. Cuddigan his portion of the award. Ordered by Chief Judge John M. Gerrard. (TCL)
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Filing
23
MEMORANDUM AND ORDER granting 21 Motion for Attorney Fees. By separate document, the Court shall enter judgment for the plaintiff and against the defendant providing that the plaintiff is awarded attorney fees of $4,176.02. Ordered by Chief Judge John M. Gerrard. (ADB)
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Filing
19
MEMORANDUM AND ORDER - The Clerk of the Court is directed to substitute Commissioner of Social Security Andrew M. Saul as the defendant. Smith's motion for reversal of the Commissioner's final decision 12 is granted. The Commissioner 's motion to affirm the Commissioner's final decision 15 is denied. The Commissioner's decision is reversed. This matter is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further consideration consistent with this Court's Memorandum and Order. A separate judgment will be entered. Ordered by Chief Judge John M. Gerrard. (SLP)
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Filing
5
MEMORANDUM AND ORDER ON APPLICATION TO PROCEED IN FORMA PAUPERIS that Plaintiff's application to proceed in forma pauperis (filing 2 ) is granted, and the complaint shall be filed without payment of fees. The Clerk of the Court shall send a copy of this memorandum and order together with three summons forms and three copies of Form 285 to the plaintiff's attorney of record for service of process on the United States. If requested to do so, the United States Marshal shall serve all process in this case without prepayment of fees from the plaintiff. In making such a request, plaintiff's counsel must complete the Marshal's Form 285, to be submitted to the Marshal with the completed summons forms and copies of the complaint. Without those forms, service of process by the Marshal cannot occur. This order is entered without prejudice to the court later entering an order taxing costs in this case. No one, including any plaintiff, is relieved by this order from the obligation to pay or to reimburse taxable costs after this action is over. Ordered by Judge John M. Gerrard. (Copies mailed as directed)(LAC)
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