Shepard v. Commissioner of Social Security
| Shepard and John Shepard |
| Commissioner of Social Security |
| 5:2016cv01347 |
| November 10, 2016 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Andrew T Baxter |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
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Filing 20
STIPULATION AND ORDER TO AWARD ATTORNEY FEES & COSTS: Plaintiff is awarded attorney fees under the Equal Access to Justice Act in the amount of $4,650.88. It is further agreed that payment will be made directly to Plaintiffs attorney if Plaintiff has agreed to assign the rights to fees to his attorney, provided that Plaintiff owes no debt that is subject to offset under the Treasury Offset Program. Signed by U.S. Magistrate Judge Andrew T. Baxter on 2/16/2018. (nmk)
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| Filing 19 STIPULATION re #18 MOTION for Attorney Fees by Commissioner of Social Security submitted to Judge Andrew T. Baxter. (Christ, Michelle) |
| TEXT NOTICE re #18 Motion for Attorney Fees: Response to Motion due by 2/16/2018. (nmk) |
| Filing 18 MOTION for Attorney Fees filed by John Shepard. (Attachments: #1 Application for attorney fees, #2 Memorandum in support of fees, #3 Motion for attorney fees, #4 Certificate of Service) (Dolson, Steven) |
| Filing 17 JUDGMENT: It is ORDERED that the decision of the Commissioner is REVERSED and this case is REMANDED, pursuant to sentence four of 42 U.S.C. 405(g), for an appropriate analysis of plaintiff's COPD, RFC, and ability to perform substantial gainful activity as discussed herein, including a proper consideration of the plaintiff's need to use an assistive device (case). (mc) |
| Filing 16 MEMORANDUM-DECISION AND ORDER: It is ORDERED that the decision of the Commissioner is REVERSED and this case is REMANDED, pursuant to sentence four of 42 U.S.C. 405(g), for an appropriate analysis of plaintiff's COPD, RFC, and ability to perform substantial gainful activity as discussed herein, including a proper consideration of the plaintiff's need to use an assistive device (case).Signed by U.S. Magistrate Judge Andrew T. Baxter on 11/15/2017. (mc) |
| Filing 15 DEFENDANT'S BRIEF by Commissioner of Social Security. (Christ, Michelle) |
| Filing 14 TEXT ORDER granting #13 Letter Request. The deadline for submission of defendant's brief is extended to 7/5/2017. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/22/2017. (mae) |
| Filing 13 Letter Motion for Commissioner of Social Security requesting a 14-day extension of time until July 5, 2017 submitted to Judge Andrew T. Baxter . (Christ, Michelle) |
| Filing 12 TEXT ORDER granting #11 Letter Request for an extension of time. Defendant's Brief due by 6/21/2017. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/24/2017. (mae) |
| Filing 11 Letter Motion for Commissioner of Social Security requesting a 30-day extension of time to file the Acting Commissioners brief on or before June 21, 2016 submitted to Judge Andrew T. Baxter . (Christ, Michelle) |
| Filing 10 CERTIFICATE OF SERVICE by John Shepard re #9 Social Security Plaintiff's Brief (Dolson, Steven) |
| Filing 9 PLAINTIFF'S BRIEF by John Shepard. Defendant Brief due by 5/22/2017. (Attachments: #1 Cover Sheet and Table of Contents)(Dolson, Steven) |
| Filing 8 Social Security Administrative Record / Transcript. Plaintiff Brief due by 4/7/2017. (Christ, Michelle) |
| Set Deadlines: Social Security Administrative Transcript due by 2/23/2017. (mc) |
| Filing 7 NOTICE of Appearance by Michelle L. Christ on behalf of Commissioner of Social Security (Christ, Michelle) |
| Filing 6 SOCIAL SECURITY CONSENT / DECLINATION FORM filed by John Shepard advising of consent to Jurisdiction by US Magistrate Judge. (Dolson, Steven) |
| Filing 5 TEXT ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Plaintiff's counsel is reminded that the Social Security Consent/Declination Form is due by 12/1/2016. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/22/2016. (mae) |
| Filing 4 Social Security Appeal Case Assignment Form and General Order #18 Issued. Pursuant to General Order #18, in the event the Plaintiff does not timely consent, or if the United States timely withdraws its consent, the case will be reassigned to a District Judge consistent with General Order #12. Social Security Consent/Declination Form due by 12/1/2016. (sfp, ) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by John Shepard. (sfp, ) |
| Filing 2 Social Security Identification Form [LODGED] [Pursuant to General Order #18, this document has been electronically lodged with the Court and will be removed from the docket upon the filing of the Administrative Transcript. Viewable by case participants and court personnel only, it is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited]. (sfp, ) Modified on 2/23/2017 Social Security Identification Form removed pursuant to General Order 18. (mc) |
| Filing 1 COMPLAINT - Social Security Appeal. [Pursuant to General Order #18, Section B(3), the CM/ECF system will generate a Notice of Electronic Filing to the USAO-NDNY and Regional Counsel for the Social Security Administration. Service of a Complaint along with the Social Security Identification Form under the Pilot Program will be considered complete only when the three steps in paragraph 3(A), 3(B) and 3(C) of General Order #18 have been completed.]. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(sfp, ) |
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