Foster v. Commissioner of Social Security
| Michelle Foster |
| Commissioner of Social Security |
| 3:2014cv00066 |
| February 27, 2014 |
| U.S. District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Sharon L Ovington |
| Walter H Rice |
| Supplemental Security Income |
| 42 U.S.C. ยง 405 |
| None |
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Filing
18
ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, it is hereby ORDERED that: 1. The Report and Recommendations filed on January 28, 2015 (Doc. # 17 ) is adopted in full; 2. The parties' Joint Stipulation for Award of Attorney's Fee s under the Equal Access to Justice Act (Doc. #[ 16]) is accepted, and Defendant is directed to pay Plaintiffs attorney fees under 28 U.S.C. §2412 in the total amount of $3,250.00; 3. Defendant is directed to verify, within thirty days of t his Decision and Entry, whether or not Plaintiff owes a pre-existing debt to the United States subject to offset. And, if no such pre-existing debt exists, Defendant is directed to pay the EAJA award directly to Plaintiffs attorney; and, 4. The case remains terminated on the docket of this Court. Signed by Judge Walter H Rice on 03/09/15. (pb1)
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Filing
17
REPORT AND RECOMMENDATIONS - The Court hereby RECOMMENDS that: 1. The parties' Joint Stipulation for Award of Attorney's Fees under the Equal Access to Justice Act (Doc. #16) be accepted, and Defendant be directed to pay Plaintiffs attorney fees under 28 U.S.C. §2412 in the total amount of $3,250.00; 2. Defendant be directed to verify, within thirty days of any Decision and Order adopting this Report and Recommendations, whether or not Plaintiff owes a pre-existing debt to th e United States subject to offset. And, if no such pre-existing debt exists, Defendant be directed to pay the EAJA award directly to Plaintiffs attorney; and, 3. The case remains terminated on the docket of this Court. Objections to R&R due by 2/17/2015. Signed by Chief Magistrate Judge Sharon L Ovington on 1/28/2015. (rms)
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Filing
15
CLERK'S JUDGMENT with attached Notice of Disposal. Signed on 01/05/15. (pb1)
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Filing
13
REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: 1. The Commissioners non-disability finding be vacated; 2. No finding be made as to whether Plaintiff Michelle Foster was under a disability within the meaning of the 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; and 4.The case be terminated on the docket of this Court. Objections to R&R due by 12/29/2014. Signed by Chief Magistrate Judge Sharon L Ovington on 12/9/2014. (rms) (Schultz, Robert)
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| Plaintiff: Michelle Foster | |
| Represented By: | Gary Marc Blumenthal |
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| Defendant: Commissioner of Social Security | |
| Represented By: | John J. Stark |
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