KEEL v. BERRYHILL
| JACQUELINE MARIE KEEL |
| NANCY A. BERRYHILL |
| SOCIAL SECURITY ADMINISTRATION |
| 1:2017cv00387 |
| April 28, 2017 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Cabarrus |
| JOI ELIZABETH PEAKE |
| THOMAS D SCHROEDER |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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This docket was last retrieved on December 20, 2018. A more recent docket listing may be available from PACER.
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Filing 22
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 12/20/2018, that Plaintiff, Jaqueline Keel, is awarded attorney fees under the EAJA in the amount of Four Thousand Eight Hundred and Fifty dollars ($4,850.00) in attorney fees and Seventeen Dollars and Sixty-Seven Cents ($17.67) in costs. These attorney fees and costs will be paid directly to Plaintiff, Jaqueline Keel, and sent to Plaintiff's counsel, Russell R. Bowling, of Counsel to Olinsky Law Group, 300 S. State Street, Suite 420, Syracuse, New York 13202. Full or partial remittance of the awarded attorney fees will be contingent upon a determination by the Government that Plaintiff owes no qualifying, pre-existing debt(s) to the Government. If such a debt(s) exists, the Government will reduce the awarded attorney fees in this Order to the extent necessary to satisfy such debt(s).(Taylor, Abby)
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Filing 21
STIPULATION re #20 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, by NANCY A. BERRYHILL. (Attachments: #1 Text of Proposed Order)(SOMERS, DAVID)
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CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: #21 Stipulation. (Engle, Anita)
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Filing 20
MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, by JACQUELINE MARIE KEEL. Response to Motion due by 1/2/2019 (Attachments: #1 Attorney Affirmation, #2 Exhibit A-All Professional Time, #3 Exhibit B-Attorney Time, #4 Exhibit C-Paralegal time, #5 Exhibit D- Expenses, #6 Exhibit E- Affirmation and Waiver of Direct Payment of EAJA fees, #7 Memorandum in Support, #8 Local Rule, #9 Certificate of Service, #10 Text of Proposed Order)(BOWLING, RUSSELL)
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Filing 19
JUDGMENT in SSA Case signed by CHIEF JUDGE THOMAS D. SCHROEDER on 09/11/2018, that the Commissioner's decision finding no disability is REVERSED, and that the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. 405(g). The Commissioner is directed to remand the matter to the Administrate Law Judge for proceedings consistent with the Recommendation of the United States Magistrate Judge. To this extent, Defendant's Motion for Judgment on the Pleadings (Doc. #15 ) is DENIED, and Plaintiff's Motion to Reverse the Decision of the Commissioner (Doc. #12 ) is GRANTED. However, to the extent that Plaintiff's motion seeks an immediate award for benefits, it is DENIED.(Taylor, Abby)
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CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: #17 RECOMMENDED RULING by MAGISTRATE JUDGE. (Engle, Anita)
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Filing 18
Notice of Mailing Recommendation. Objections to R&R due by 9/10/2018. Objections to R&R for Pro Se due by 9/13/2018. (Taylor, Abby)
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Filing 17
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 08/27/2018, that the Commissioner's decision finding no disability be REVERSED, and that the matter be REMANDED to the Commissioner under sentence four of 42 U.S.C. 405(g). The Commissioner should be directed to remand the matter to the ALJ for proceedings consistent with this Recommendation. To this extent, Defendant's for Judgment on the Pleadings [Doc. #15 ] should be DENIED, and Plaintiff's Motion to Reverse the Decision of the Commissioner [Doc. #12 ] should be GRANTED. However, to the extent that Plaintiff's motion seeks an immediate award of benefits, it should be DENIED.(Taylor, Abby)
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Motions Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: #15 MOTION for Judgment on the Pleadings and #12 MOTION to Reverse the Decision of the Commissioner. (Engle, Anita)
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Filing 16
MEMORANDUM filed by Defendant NANCY A. BERRYHILL re #15 MOTION for Judgment on the Pleadings filed by NANCY A. BERRYHILL. (Attachments: #1 Supplement Fleshood v. Astrue, #2 Supplement Wells v. Astrue, #3 Supplement SSR 96-7p)(SOMERS, DAVID)
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Filing 15
MOTION for Judgment on the Pleadings by NANCY A. BERRYHILL. Response to Motion due by 1/2/2018 (SOMERS, DAVID)
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Filing 14
Corrected document re #13 Brief. (BOWLING, RUSSELL)
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Filing 13
BRIEF re #12 MOTION to Reverse the Decision of the Commissioner by Plaintiff JACQUELINE MARIE KEEL filed by JACQUELINE MARIE KEEL. (BOWLING, RUSSELL)
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Filing 12
MOTION to Reverse the Decision of the Commissioner by JACQUELINE MARIE KEEL. Response to Motion due by 11/1/2017 (BOWLING, RUSSELL)
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Filing 11
MOTION for Extension of Time to File Motion and Brief in SSA for JACQUELINE MARIE KEEL by JACQUELINE MARIE KEEL. (Attachments: #1 Text of Proposed Order)(BOWLING, RUSSELL)
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ORDER granting #11 Motion for Extension of Time for JACQUELINE MARIE KEEL to File Motion and Brief in SSA. Motion due by 10/11/2017. Signed by John Brubaker, Clerk of Court, on 09/11/2017. (Brubaker, John)
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Filing 10
NOTICE to Parties in Social Security Case: Plaintiff's Dispositive Motions due by 9/11/2017. Defendant's Dispositive Motions due by 11/13/2017. (Taylor, Abby)
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Filing 9
SEALED ADMINISTRATIVE RECORD IN SSA CASES filed by Defendant NANCY A. BERRYHILL, Plaintiff JACQUELINE MARIE KEEL, Interested Party SOCIAL SECURITY ADMINISTRATION. The record is available in paper format at the Clerk's Office. (Attachments: #1 Part 2 - Pgs 98-197, #2 Part 3 - Pgs 198-297, #3 Part 4 - Pgs 298-397, #4 Part 5 - Pgs 398-497, #5 Part 6 - Pgs 498-597, #6 Part 7 - Pgs 598-697, #7 Part 8 - Pgs 698-740)(SOMERS, DAVID) Modified on 7/27/2017, received in clerk's office 07/26/2017 (Taylor, Abby).
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Filing 8
ANSWER to #2 Complaint by NANCY A. BERRYHILL. (SOMERS, DAVID)
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Filing 7
SUMMONS Returned Executed by JACQUELINE MARIE KEEL. NANCY A. BERRYHILL served on 6/12/2017, answer due 8/11/2017. as to (BOWLING, RUSSELL)
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Filing 6
NOTICE of Appearance by attorney RUSSELL R. BOWLING on behalf of Plaintiff JACQUELINE MARIE KEEL (BOWLING, RUSSELL)
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Filing 5
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 CONSENT FORM)(Coyne, Michelle)
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Filing 4
Summons Issued as to NANCY A. BERRYHILL, U.S. Attorney and U.S. Attorney General. (Attachments: #1 SESSIONS, #2 HAIRSTON)(Coyne, Michelle)
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Filing 3
ORDER signed by Magistrate Judge Joi Elizabeth Peake on 05/15/2017 GRANTING #1 Motion for Leave to Proceed in forma pauperis. Plaintiff is permitted to proceed in this action in forma pauperis, pursuant to 28 U.S.C. 1915(a). Plaintiff is responsible for preparing and serving the Complaint and Summons upon the Defendant. (Coyne, Michelle)
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Case ASSIGNED to JUDGE THOMAS D. SCHROEDER and MAGISTRATE JUDGE JOI ELIZABETH PEAKE. Set flag for Magistrate Judge Joi Elizabeth Peake. (Coyne, Michelle)
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Motion Referred to Magistrate Judge Joi Elizabeth Peake RE: #1 MOTION for Leave to Proceed In Forma Pauperis. (Coyne, Michelle)
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Filing 2
COMPLAINT against NANCY A. BERRYHILL, filed by JAQUELINE MARIE KEEL. (Attachments: #1 Exhibit A: Notice of Appeals Council Action)(EAGLIN, PAUL)
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Filing 1
MOTION for Leave to Proceed In Forma Pauperis by JAQUELINE MARIE KEEL. (EAGLIN, PAUL)
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