Marmer v. Colvin
| Marmer and Alexander Marmer |
| Colvin and Carolyn W. Colvin |
| Social Security Administration |
| 1:2016cv05081 |
| June 28, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Orange |
| James L Cott |
| Paul A Engelmayer |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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Filing 21
CONSENT ORDER AWARDING ATTORNEY'S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA), 28 U.S.C. 2412(d): IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys for the parties in the above-titled action that Plaintiff be awarded fees under the Equal Access to Justice Act (EAJA) (28 U.S.C. 2412) in the amount of $6,019.29 (six thousand nineteen dollars and twenty-nine cents) for attorney fees and $400.00 (four hundred dollars and zero cents) in costs to be paid from the Judgment Fund. Such award is made in full satisfaction of any claim for fees, costs and other expenses pursuant to the EAJA. AND, the Court having reviewed this matter, IT IS on this 18th day of April 2017; ORDERED that Plaintiff be allowed said award under the Equal Access to Justice Act. It is further agreed that payment of fees will be made directly to plaintiff's attorney if plaintiff has agreed to transfer his rights to EAJA fees to his attorney, and provided that plaintiff owes no debt that is subject to offset under the Treasury Offset Program. (Signed by Magistrate Judge James L. Cott on 4/18/2017) (mro)
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| Filing 20 MEMORANDUM OF LAW in Support re: #18 FIRST MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412. . Document filed by Alexander Marmer. (Olinsky, Howard) |
| Filing 19 AFFIRMATION of Howard D. Olinsky in Support re: #18 FIRST MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412.. Document filed by Alexander Marmer. (Attachments: #1 Exhibit A CPI Table, #2 Exhibit B All Professional Time, #3 Exhibit C Attorney Time, #4 Exhibit D Paralegal Time, #5 Exhibit E Expense, #6 Exhibit F Costs, #7 Exhibit G Affirmation and Waiver of Direct Payment of EAJA Fees, #8 Certificate of Service)(Olinsky, Howard) |
| Filing 18 FIRST MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412. Document filed by Alexander Marmer.(Olinsky, Howard) |
| Filing 17 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated February 6, 2017, that this action be, and hereby is, reversed and remanded pursuant to sentence four of 42 U.S.C. 405(g), for the purpose of conducting further administrative proceedings. Upon remand, the Appeals Council will instruct the Administrative Law Judge to evaluate the new evidence submitted on appeal; re-evaluate and weigh the opinions of Dr. Lisenmeyer and Dr. Lorensen; give further consideration to Plaintiff's residual functional capacity; conduct further proceedings and develop the administrative record as necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act, including offering Plaintiff the opportunity for a new hearing, and issue a new decision. (Signed by Clerk of Court Ruby Krajick on 02/06/2017) (Attachments: #1 Right to Appeal, #2 Right to Appeal) The Clerks Office Has Mailed Copies. (km) |
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Filing 16
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the parties, that this action be, and hereby is, reversed and remanded pursuant to sentence four of 42 U.S.C. 405(g), for the purpose of conducting further administrative proceedings. Upon remand, the Appeals Council will instruct the Administrative Law Judge to evaluate the new evidence submitted on appeal; re-evaluate and weigh the opinions of Dr. Lisenmeyer and Dr. Lorensen; give further consideration to Plaintiffs residual functional capacity; conduct further proceedings and develop the administrative record as necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act, including offering Plaintiff the opportunity for a new hearing, and issue a new decision. The Clerk is directed to enter judgment. See Shalala v. Schaefer, 509 U.S. 292 (1993). So ordered. (Signed by Magistrate Judge James L. Cott on 2/6/2017) (rjm)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #16 Stipulation and Order to the Judgments and Orders Clerk. (rjm) |
| Transmission to Docket Assistant Clerk. Transmitted re: #17 Clerk's Judgment to the Docket Assistant Clerk for case processing. (km) |
| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the U.S. Agency - Commissioner of Social Security. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 23 1000 279 1 on 2/6/2017. (rjm) |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION for Judgment on the Pleadings . . Document filed by Alexander Marmer. (Attachments: #1 Exhibit A)(Olinsky, Howard) |
| Filing 14 MOTION for Judgment on the Pleadings . Document filed by Alexander Marmer.(Olinsky, Howard) |
| Filing 13 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge James L. Cott. (Signed by Judge Paul A. Engelmayer on 12/13/2016) (mro) |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to File Motion for Judgment on the Pleadings. Application granted. The revised schedule is approved. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 11 FIRST LETTER MOTION for Extension of Time to File Motion and Supporting Memorandum of Law (Unopposed) addressed to Magistrate Judge James L. Cott from Plaintiff Alexander Marmer dated 11/28/2016. Document filed by Alexander Marmer.(Olinsky, Howard) |
| Filing 10 SSA ADMINISTRATIVE RECORD. Document filed by Carolyn W. Colvin. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement, #5 Supplement, #6 Supplement, #7 Supplement, #8 Supplement, #9 Supplement, #10 Supplement, #11 Supplement, #12 Supplement, #13 Supplement, #14 Supplement, #15 Supplement)(Fernandez, Sixtina) |
| Filing 9 NOTICE OF APPEARANCE by Sixtina Fernandez on behalf of Carolyn W. Colvin. (Fernandez, Sixtina) |
| Filing 8 SUMMONS RETURNED EXECUTED. Carolyn W. Colvin served on 7/27/2016, answer due 9/26/2016. Service was made by Mail. Document filed by Alexander Marmer. (Olinsky, Howard) |
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Filing 7
ORDER: In a separate Order, this case has been referred to one of the Court's Magistrate Judges for a Report and Recommendation. Magistrate Judges are judges selected by the District Judges to serve for terms of eight years. Magistrate Judges are highly qualified and very experienced. You have an option to agree to having the Magistrate Judge to whom your case has been referred-Magistrate Judge James L. Cott-decide your case instead of recommending a decision to the District Court Judge, who would then review the Report and Recommendation and address any objections to it. (As further set forth in this Order.) (Signed by Judge Paul A. Engelmayer on 6/29/2016) (mro)
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Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Social Security. Referred to Magistrate Judge James L. Cott. (Signed by Judge Paul A. Engelmayer on 6/29/2016) (mro)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Carolyn W. Colvin. (rch) |
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Filing 4
STANDING ORDER IN RE MOTIONS FOR JUDGMENT ON THE PLEADINGS IN SOCIAL SECURITY CASES (See 16-MISC-171 Standing Order filed April 28, 2016). ORDERED that in all Social Security cases hereafter filed under 42 U.S.C. 405(g) and 42 U.S.C. 1383(c)(3), the defendant shall within 90 days after service file the certified transcript of administrative proceedings, which shall constitute the defendants' answer, or otherwise move against the complaint... that unless otherwise ordered by the judge to whom the case is assigned, in cases where the plaintiff is represented by counsel, the plaintiff shall file a motion for judgment on the pleadings within 60 days of the date on which the defendant files the certified transcript of the administrative proceedings... that in cases where the plaintiff is appearing pro se, the defendant shall file its motion for judgment on the pleadings within 60 days of the date on which the certified transcript of administrative proceedings have been filed... (Signed by Judge Loretta A. Preska on 4/20/2016) (rch)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (rch) |
| Case Designated ECF. (rch) |
| Magistrate Judge James L. Cott is so designated. (rch) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Carolyn W. Colvin, acting Commissioner of Social Security, re: #1 Complaint. Document filed by Alexander Marmer. (Olinsky, Howard) |
| Filing 2 CIVIL COVER SHEET filed. (Olinsky, Howard) |
| Filing 1 COMPLAINT against Carolyn W. Colvin. (Filing Fee $ 400.00, Receipt Number 0208-12475942)Document filed by Alexander Marmer. (Attachments: #1 Exhibit A: Notice of Appeals Council Action)(Olinsky, Howard) |
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