McGowan v. Astrue

McGowan v. Astrue

Plaintiff:	Hugh M. McGowan
Defendant:	Michael J. Astrue
Case Number:	1:2007cv02252
Filed:	June 4, 2007
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
County:	Kings
Presiding Judge:	Steven M. Gold
Presiding Judge:	Dora Lizette Irizarry
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (SSID)
Jury Demanded By:	None

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Date Filed	Document Text
March 23, 2009	Filing 12 ORDER DENYING Commissioner's Motion for Judgment on the Pleadings and GRANTING IN PART AND DENYING IN PART plaintiff's motion for judgment on the pleadings and for attorney's fees -- For the reasons set forth in the ATTACHED WRITTEN OP INION AND ORDER, the Commissioner's motion for judgment on the pleadings is denied. Plaintiff's cross-motion is granted to the extent that this case is REMANDED to the Commissioner for further administrative proceedings consistent with the Attached Written Opinion and Order. Plaintiff's request for attorney's fees is granted and may submit his request, with appropriate documentation, to the court for its approval no later than April 23, 2009. Upon submission of said request , the Commissioner may respond within ten days of such filing. Accordingly, the Clerk of the Court is directed to REMAND this case back to the Commissioner for further administrative proceedings consistent with the Attached Written Opinion and Order of this court and the Commissioner is directed to commence such further administrative proceedings without any undue delay. The Clerk of the Court is further directed to close this case and enter judgment. SO ORDERED by Judge Dora Lizette Irizarry on 3/23/2009. (Irizarry, Dora)

Date Filed

Document Text

March 23, 2009

Filing 12 ORDER DENYING Commissioner's Motion for Judgment on the Pleadings and GRANTING IN PART AND DENYING IN PART plaintiff's motion for judgment on the pleadings and for attorney's fees -- For the reasons set forth in the ATTACHED WRITTEN OP INION AND ORDER, the Commissioner's motion for judgment on the pleadings is denied. Plaintiff's cross-motion is granted to the extent that this case is REMANDED to the Commissioner for further administrative proceedings consistent with the Attached Written Opinion and Order. Plaintiff's request for attorney's fees is granted and may submit his request, with appropriate documentation, to the court for its approval no later than April 23, 2009. Upon submission of said request , the Commissioner may respond within ten days of such filing. Accordingly, the Clerk of the Court is directed to REMAND this case back to the Commissioner for further administrative proceedings consistent with the Attached Written Opinion and Order of this court and the Commissioner is directed to commence such further administrative proceedings without any undue delay. The Clerk of the Court is further directed to close this case and enter judgment. SO ORDERED by Judge Dora Lizette Irizarry on 3/23/2009. (Irizarry, Dora)

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Plaintiff: Hugh M. McGowan
Represented By:	Christopher James Bowes
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Defendant: Michael J. Astrue
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