Beall v. Colvin
| Beall and Morgan Christopher Beall |
| Colvin and Carolyn W. Colvin |
| 5:2016cv00092 |
| January 25, 2016 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Oswego |
| Christian F Hummel |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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Filing 17
ORDER approving #16 Stipulation filed by Morgan Christopher Beall for payment of fees pursuant to the equal access to justice act. [Motions terminated: #15 First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Morgan Christopher Beall]. Signed by Magistrate Judge Christian F. Hummel on 7/10/2017. (tab)
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| Filing 16 STIPULATION re #15 First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 by Morgan Christopher Beall submitted to Judge Christian F. Hummel. (Olinsky, Howard) |
| Filing 15 First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Morgan Christopher Beall. (Attachments: #1 Affirmation, #2 Exhibit(s) A CPI Table, #3 Exhibit(s) B All Professional Time, #4 Exhibit(s) C Attorney Time, #5 Exhibit(s) D Paralegal Time, #6 Exhibit(s) E Expenses, #7 Exhibit(s) F Costs, #8 Exhibit(s) G Affirmation and Waiver of Direct Payment of EAJA Fees, #9 Memorandum of Law, #10 Certificate of Service) (Olinsky, Howard) |
| Filing 14 JUDGMENT: IT IS ORDERED AND ADJUDGED: that plaintiff's motion for judgment on the pleadings is Granted (Dkt. No. #11 ). The matter is Remanded to the Commissioner for additional proceedings, pursuant to sentence four of 42 U.S.C. 405(g). The Commissioner's motion for judgment on the pleadings (Dkt. No. #12 ) is Denied. All pursuant to the #13 Memorandum-Decision and Order of the Honorable Magistrate Judge Christian F. Hummel, dated the 27th day of March, 2017.(hmr) |
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Filing 13
MEMORANDUM-DECISION AND ORDER: that plaintiff's motion for judgment on the pleadings is Granted (Dkt. No. #11 . The matter is remanded to the Commissioner for additional proceedings consistent with the above, pursuant to sentence four of 42 U.S.C. 405(g); that the Commissioner's motion for judgment on the pleadings (Dkt. No. #12 ) is Denied and that the Clerk of the Court serve copies of the Memorandum Decision and Order on the parties in accordance with Local Rules. Signed by Magistrate Judge Christian F. Hummel on 03/27/2017. (hmr)
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| Filing 12 DEFENDANT'S BRIEF by Carolyn W. Colvin. (Peck, Jason) |
| Filing 11 PLAINTIFF'S BRIEF by Morgan Christopher Beall. Defendant Brief due by 8/4/2016. (Attachments: #1 Certificate of Service)(Olinsky, Howard) |
| Filing 10 MAGISTRATE CONSENT by Morgan Christopher Beall & Carolyn W. Colvin to Jurisdiction of US Magistrate Judge Christian F. Hummel for all further proceedings; Signed by Sr. District Judge Thomas J. McAvoy dtd 5/12/2016 (cml) |
| Filing 9 Social Security Administrative Record / Transcript. Plaintiff Brief due by 6/20/2016. (Peck, Jason) |
| Filing 8 ANSWER to #1 Complaint by Carolyn W. Colvin. Plaintiff Brief due by 6/20/2016.(Peck, Jason) |
| Filing 7 SUMMONS Returned Executed by Morgan Christopher Beall. Carolyn W. Colvin served on 2/4/2016, answer due 5/16/2016. (Olinsky, Howard) |
| Filing 6 NOTICE of Appearance by Jason P. Peck on behalf of Carolyn W. Colvin (Peck, Jason) |
| Filing 5 Summonses Issued as to Carolyn W. Colvin, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Summons Issued for U.S. Attorney General, #2 Summons Issued for U.S. Attorney)(hmr) |
| Payment of Civil Filing Fee $400, receipt number 0206-3555690 by Morgan Christopher Beall re #4 Order on Motion for Leave to Proceed in forma pauperis,,, . (Olinsky, Howard) |
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Filing 4
ORDER denying #2 Motion for Leave to Proceed in forma pauperis: Plaintiff provides a spousal income of $2,000 per month. "VA Disability" of 3,600 per month, and "Medical Retirement" of $1,700 per month. Keeping in mind plaintiff's reported monthly expenses, plaintiff has sufficient income to pay this Court's filing fee. IT IS FURTHER ORDERED that within thirty (30) days of the date of this Order, plaintiff resubmits a complete application or pays the full $400.00 filing fee. If plaintiff fails to provide a complete IFP application or pay the filing fee in full within the thirty (30) days, the case will be forwarded to the District Court Judge for dismissal. Signed by Magistrate Judge Christian F. Hummel on 01/26/2016. (hmr)
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| Filing 3 Social Security Appeal Case Assignment Form and General Order #18 Issued. (hmr) |
| Set Deadlines/Hearings: Notice of Compliance Deadline 2/25/2016 - Plaintiff needs to resubmit a complete IFP Application or pay the filing fee in full. (hmr) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Morgan Christopher Beall. (Attachments: #1 Proposed Summons for General Counsel, #2 Proposed Summons for U.S. Attorney General, #3 Proposed Summons for U.S. Attorney) Motions referred to Christian F. Hummel. (hmr) |
| Filing 1 COMPLAINT against Carolyn W. Colvin filed by Morgan Christopher Beall. (Attachments: #1 Civil Cover Sheet)(hmr) |
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