Gutierrez v. Berryhill
Plaintiff: Mark F Gutierrez
Defendant: Nancy A. Berryhill
Case Number: 2:2017cv02365
Filed: September 8, 2017
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Miranda M. Du
Presiding Judge: George Foley
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 17, 2020 Opinion or Order Filing 32 ORDER - The Report and Recommendation of Magistrate Judge (ECF No. 26 ) is adopted in part and rejected in part. The Court adopts the R&R's substantive findings but rejects its recommendation that this case be remanded for further proceedings under the Compassionate Allowances program and its ancillary recommendations in this regard (see ECF No. 26 at 52). Gutierrez's motion for remand/reversal (ECF No. 12 ) is granted. The Commissioner's cross -motion to affirm (ECF No. 15 ) is denied. The case is remanded for payment of benefits to Gutierrez because the Court adopts Magistrate Judge Youchahs finding of disability. The Commissioner's motion to strike (ECF No. 30 ) is granted. The Clerk is directed to enter judgment in accordance with this order and close this case. Signed by Chief Judge Miranda M. Du on 3/17/2020. (Copies have been distributed pursuant to the NEF - DRM)
January 15, 2020 Opinion or Order Filing 20 ORDERED that within fourteen (14) days (1/29/2020) Plaintiff, through counsel, shall obtain a letter or, if possible, declaration by Dr. Akindele Kolade clarifying (1) whether Plaintiff's impairment lasted or is expected to last at least twelve months, and (2) the level of abilities and aptitudes Plaintiff possesses when carrying out (a) unskilled work, as well as (b) semiskilled and skilled work as discussed above. Signed by Magistrate Judge Elayna J. Youchah on 1/15/2020. (Copies have been distributed pursuant to the NEF - DRM)
September 15, 2017 Opinion or Order Filing 3 ORDER - # 1 IFP Application is GRANTED. Clerk shall FILE the complaint (ECF 1 -2). Clerk shall SERVE Commissioner SSA by sending a copy of the Summons and Complaint by certified mail to: Regional Chief Counsel ; and U. S. Attorney General ( Cert Mail ## 7013 1710 0001 6894 1832, 7013 1710 0001 6894 1849 ) Clerk shall ISSUE a summons to SSA and deliver summons and complaint for service by USM on U.S. Attorney' Office, Reno. ( Summons and complaint to USM on 9 /15/2017. ) Answer to complaint due 60 days after service. Hence forth P shall serve D a copy every pleading submitted for consideration, together with a certificate of service. Signed by Magistrate Judge George Foley, Jr on 9/15/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Defendant: Nancy A. Berryhill
Represented By: Sharon Lahey
Represented By: Steven W. Myhre
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Plaintiff: Mark F Gutierrez
Represented By: Joshua R Harris
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