Heatherly v. Commissioner of Social Security
| Mark A Heatherly |
| Commissioner of Social Security |
| 3:2011cv00438 |
| December 15, 2011 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Sharon L Ovington |
| Walter H Rice |
| Disability Insurance |
| 42 U.S.C. ยง 405 |
| None |
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Filing
17
DECISION AND ENTRY - Accordingly, the Court hereby ORDERS that: 1. The Parties' Stipulation To Award EAJA Fees 16 is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $1,593 .75; 2. Defendant shall verify, within thirty days of this Decision and Order, whether or not Plaintiff owes a pre-existing debt to the United States subject to offset. If no such pre-existing debt exists, Defendant shall pay the EAJA award directly to Plaintiff's counsel, and 3. Plaintiff's Application for Attorney Fees Pursuant to the Equal Access to Justice Act 14 is DENIED AS MOOT; and 4. the case remains terminated on the docket of this Court.- finding as moot 14 Motion for Attorney Fees; granting 16 Motion for Attorney Fees. Signed by Judge Walter H Rice on 03/12/13. (pb1)
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Filing
13
CLERK'S JUDGMENT with Notice of Disposal in favor of Mark A Heatherly against Commissioner of Social Security. Case Terminated. Signed on 12/05/2012. (kf) Modified on 12/5/2012 to correct text (kf).
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Filing
11
REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: 1. The Commissioner's non-disability finding be vacated. 2. No finding be made as to whether Plaintiff Mark A. Heatherly was under a "disability" within the meaning of th e Social Security Act. 3. This case be remanded to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. § 405(g) for further consideration consistent with this Report. 4. The case be terminated on the docket of this Court. Objections to R&R due by 12/3/2012. Signed by Magistrate Judge Sharon L Ovington on 11/14/12. (kje1)
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| Plaintiff: Mark A Heatherly | |
| Represented By: | Lenee M Brosh |
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| Defendant: Commissioner of Social Security | |
| Represented By: | John J Stark |
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