Filozof v. Commissioner of Social Security

Justia Dockets & Filings Second Circuit New York Western District Filozof v. Commissioner of Social Security

Filozof v. Commissioner of Social Security

Plaintiff:	Brian Michael Filozof
Defendant:	Commissioner of Social Security
Case Number:	6:2018cv06025
Filed:	January 10, 2018
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Monroe
Presiding Judge:	David G. Larimer
Nature of Suit:	Supplemental Security Income
Cause of Action:	42 U.S.C. § 416
Jury Demanded By:	None

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Date Filed	Document Text
May 18, 2021	Filing 29 DECISION AND ORDER Plaintiff's motion for attorney's fees pursuant to 42 U.S.C. §406(b) 22 in the amount of $10,799.50 is granted, without prejudice to counsel's right to subsequently move for modification of the fee award. The award is to be made payable to Steven Richard Dolson, attorney for plaintiff. If counsel has not already refunded the amount of previously-awarded EAJA fees to the plaintiff pursuant to 28 U.S.C. §2412, counsel is directed to do so now. Signed by Hon. David G. Larimer on 5/18/2021. (KAH)
January 25, 2019	Filing 16 DECISION AND ORDER The plaintiff's motion for judgment on the pleadings remanding this matter 9 is granted, and the Commissioner's cross motion for judgment on the pleadings 14 is denied. The Commissioner's decision is reversed, a nd the matter is remanded for further proceedings and completion of the record, including but not limited to the issuance of a subpoena for the treatment records and opinion of plaintiff's treating neurologist, Dr. George, during the relevant pe riod, and if such records and/or opinion evidence are not provided, the obtainment of opinions from consultative examiners concerning plaintiff's ability to perform work-related activities. Signed by Hon. David G. Larimer on 1/25/2019. (KAH)-CLERK TO FOLLOW UP-

Date Filed

Document Text

May 18, 2021

Filing 29 DECISION AND ORDER Plaintiff's motion for attorney's fees pursuant to 42 U.S.C. §406(b) 22 in the amount of $10,799.50 is granted, without prejudice to counsel's right to subsequently move for modification of the fee award. The award is to be made payable to Steven Richard Dolson, attorney for plaintiff. If counsel has not already refunded the amount of previously-awarded EAJA fees to the plaintiff pursuant to 28 U.S.C. §2412, counsel is directed to do so now. Signed by Hon. David G. Larimer on 5/18/2021. (KAH)

January 25, 2019

Filing 16 DECISION AND ORDER The plaintiff's motion for judgment on the pleadings remanding this matter 9 is granted, and the Commissioner's cross motion for judgment on the pleadings 14 is denied. The Commissioner's decision is reversed, a nd the matter is remanded for further proceedings and completion of the record, including but not limited to the issuance of a subpoena for the treatment records and opinion of plaintiff's treating neurologist, Dr. George, during the relevant pe riod, and if such records and/or opinion evidence are not provided, the obtainment of opinions from consultative examiners concerning plaintiff's ability to perform work-related activities. Signed by Hon. David G. Larimer on 1/25/2019. (KAH)-CLERK TO FOLLOW UP-

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Plaintiff: Brian Michael Filozof
Represented By:	Steven Richard Dolson
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Defendant: Commissioner of Social Security
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