Hernandez v. Berryhill
Plaintiff: Nikki J. Hernandez
Defendant: Nancy A. Berryhill
Interested Party: Office of General Counsel Social Security Administration
Case Number: 8:2018cv00274
Filed: June 16, 2018
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Michael D. Nelson
Nature of Suit: Social Security: SSID Tit. XVI
Cause of Action: 42 U.S.C. ยง 405 Review of HHS Decision (SSID)
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
October 3, 2019 Opinion or Order Filing 30 MEMORANDUM AND ORDER that Plaintiff's motion for attorney fees under the EAJA (Filing No. 23) in the amount of $2,441.52 is granted. The Social Security Administration is ordered to pay this amount, subject to any offset to satisfy any p re-existing debt that the litigant may owe the United States. Such amount shall be delivered to Kappelman Law Firm. Plaintiff's motion for attorney fees under 42 U.S.C. § 406(b) (Filing No. 26) in the amount of $6,000.00 is granted. The Social Security Administration is ordered to pay this amount, subject to any offset to satisfy any pre-existing debt that the litigant may owe the United States. Such amount shall be delivered to Kappelman Law Firm. Plaintiff's counsel is entitled to an award in attorney's fees under 42 U.S.C. §406(b) in the amount of $6,000.00, and counsel will provide the EAJA award check directly to Ms. Hernandez should the EAJA award be smaller than the § 406(b) fee award. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
March 14, 2019 Opinion or Order Filing 21 MEMORANDUM AND ORDER - IT IS ORDERED: The plaintiff's motion to reverse (Filing No. 14 ) is granted. The defendant's motion to affirm (Filing No. 17 ) is denied. The decision of the Commissioner is reversed. This action is remanded to the Social Security Administration for an award of benefits. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
September 14, 2018 Opinion or Order Filing 13 ORDER - Plaintiff shall file a motion for an order reversing the Commissioner's decision, or granting other relief, together with a supporting brief by: October 15, 2018. Defendant shall file a motion for an order affirming the Commissioner' ;s decision, or granting other relief, together with a supporting brief by: November 14, 2018. Plaintiff may file a reply brief by: November 28, 2018, after which the case will be ripe for decision. Ordered by Magistrate Judge Michael D. Nelson. (KLF)
June 18, 2018 Opinion or Order Filing 5 ORDER that Plaintiff's Application to Proceed in District Court without Prepaying Fees or Costs (Filing No. 2 ) is granted. The Clerk of Court shall file the original complaint and accompanying pleadings without prepayment of costs or fees. Ordered by Magistrate Judge Michael D. Nelson. (LAC)
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Defendant: Nancy A. Berryhill
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Plaintiff: Nikki J. Hernandez
Represented By: Wes Kappelman
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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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