Newberry v. Commissioner of Social Security
| Latricia Newberry |
| Commissioner of Social Security |
| 3:2014cv00080 |
| March 11, 2014 |
| US 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
19
DECISION AND ENTRY - It is therefore ORDERED that: 1. The Report and Recommendations filed on October 8, 2015 (Doc. # 18 ) is ADOPTED in full; 2. Plaintiffs Motion For An Award Of Attorney Fees Under The Equal Access to Justice Act (Doc. # 17 ) is GRANTED; 3. The Commissioner shall pay Plaintiffs attorney fees pursuant to 28 U.S.C.§2412(d) in the amount of $4,938.41; 4. Defendant shall verify, within thirty days of this Decision and Entry, whether or not Plaintiff owes a pre-existing debt to the United States that is subject to offset. If no such pre-existing debt exists, Defendant shall pay the EAJA award directly to Plaintiffs attorney; and 5. The case remain terminated on the docket of this Court. Signed by Judge Walter H. Rice on 10/27/2015. (pb)
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Filing
18
REPORT AND RECOMMENDATIONS: 17 Plaintiff's MOTION for Attorney Fees Under the Equal Access to Justice Act (EAJA) be GRANTED as unopposed; Defendant be directed to verify, within thirty days of the Court's Decision and Order, whe ther or not Plaintiff owes a pre-existing debt and, if no such pre-existing debt exists, to pay the EAJA award directly to Plaintiff's attorney. Objections to R&R due by 10/26/2015. Signed by Chief Magistrate Judge Sharon L. Ovington on 10/8/15. (cf).
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Filing
15
DECISION AND ENTRY - Accordingly, it is hereby ORDERED that: 1. The Report and Recommendations filed on July 16, 2015 (Doc. # 14 ) is adopted in full; 2. The Commissioner's non-disability finding is vacated; 3. No finding is made as to whether Plaintiff Latricia Newberry was under a "disability" within the meaning of the Social Security Act; 4. This case is remanded to the Commissioner and the Administrative Law Judge under Sentence 4 of 42 U.S.C. § 405(g) for further consideration consistent with this Decision and Entry and the Report and Recommendations; and, 5. The case is terminated on the docket of this Court. Signed by Judge Walter H Rice on 8/4/2015. (pb)
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Filing
14
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 Latricia Newberry was under a disability within the meaning of the Social Secur ity Act; 3. This case be remanded to the Commissioner and the Administrative Law Judge under Sentence 4 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 8/3/2015. Signed by Chief Magistrate Judge Sharon L. Ovington on 7/16/2015. (rms)
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| Plaintiff: Latricia Newberry | |
| Represented By: | Steven Barry Horenstein |
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| Defendant: Commissioner of Social Security | |
| Represented By: | John J. Stark |
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