Shank v. Commissioner of Social Security
| Emily Shank |
| Commissioner of Social Security |
| 3:2014cv00089 |
| March 18, 2014 |
| 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 - It is therefore ORDERED that: 1. The Report and Recommendations filed on July 7, 2015 (Doc. # 16 ) is ADOPTED in full; 2. Plaintiffs Motion For An Award Of Attorney Fees Under The Equal Access to Justice Act (Doc. # 15 ) is GRA NTED; 3. The Commissioner shall pay Plaintiffs attorney fees pursuant to 28 U.S.C. §2412(d) in the amount of $5,314.67; 4. The parties' counsel shall verify, within thirty days, 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 07/27/15. (pb)
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Filing
16
REPORT AND RECOMMENDATIONS re 15 Plaintiff's MOTION for Attorney Fees under EAJA be granted, and the Commissioner be directed to pay Plaintiff's attorney fees in the amount of $5,314.67. Additional instructions recommended. Objections to R&R due by 7/24/2015. Signed by Chief Magistrate Judge Sharon L. Ovington on 7/7/15. (mcm1)
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Filing
13
DECISION AND ENTRY - Accordingly, it is hereby ORDERED that: 1. The Report and Recommendations filed on May I, 2015 (Doc. # 12) is adopted in full; 2. The Commissioner's non-disability finding is vacated; 3. No finding is made as to whether Pla intiff Emily Shank 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 Four 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 05/19/15. (pb)
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Filing
12
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 Emily Shank was under a disability within the meaning of the Social Security Ac t; 3. This case be remanded to the Commissioner and theAdministrative 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 5/18/2015. Signed by Chief Magistrate Judge Sharon L. Ovington on 5/1/2015. (rms)
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| Plaintiff: Emily Shank | |
| Represented By: | Steven Barry Horenstein |
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| Defendant: Commissioner of Social Security | |
| Represented By: | John J. Stark |
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