Whipple v. Berryhill
Daniel E. Whipple |
Nancy A. Berryhill |
5:2017cv00271 |
March 8, 2017 |
US District Court for the Northern District of New York |
Syracuse Office |
Onondaga |
David E. Peebles |
Disability Insurance |
42 U.S.C. ยง 405 |
None |
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Filing 20 DECISION AND ORDER regarding Plaintiff's 17 Motion for Attorney Fees : Attorney Howard Olinsky, Esq. is hereby awarded the sum of $22,051.00 in accordance with 42 U.S.C. § 406(b), as fees pursuant to the firm's fee agreement with plaintiff, to be paid from the amount withheld by the Commissioner from the past due benefits awarded to plaintiff. Attorney Howard Olinsky, Esq. is hereby directed to refund to plaintiff the sum of $5,800 previously awarded in this matter as attorney's fees pursuant to EAJA. Signed by Magistrate Judge David E. Peebles on 5/6/2019. (sal ) |
Filing 13 JUDGMENT: IT IS ORDERED AND ADJUDGED That the Plaintiff's motion for judgment on the pleadings is GRANTED. The Acting Commissioner's determination that plaintiff was not disabled at the relevant times, and thus is not entitled to bene fits under the Social Security Act, is VACATED. The matter is hereby REMANDED to the Acting Commissioner, without a directed finding of disability, for further proceedings consistent with this determination pursuant to sentence four of 42 U.S.C. § 405(g). (rep) |
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Plaintiff: Daniel E. Whipple | |
Represented By: | Howard D. Olinsky |
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Defendant: Nancy A. Berryhill | |
Represented By: | Benil Abraham |
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