Brown v. Commissioner of Social Security
Plaintiff: Gary Brown, Jr
Defendant: Commissioner of Social Security
Case Number: 3:2014cv00135
Filed: May 6, 2014
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Sharon L Ovington
Presiding Judge: Walter H Rice
Nature of Suit: Disability Insurance
Cause of Action: 42 U.S.C. ยง 405
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
July 18, 2017 Opinion or Order Filing 18 DECISION AND ENTRY - Accordingly, the Court hereby ORDERS that: I. The Motion For Allowance Of Attorney Fees filed by Plaintiffs attorney (Doc. # 17 ) is GRANTED; 2. The Commissioner shall pay Plaintiffs attorney fees pursuant to 42 U.S.C.§ 406( b)(I) in the amount of$12,330.25; 3. Plaintiffs counsel shall refund to Plaintiff the amount of attorney fees, if any, he has actually received under the Equal Access To Justice Act; and 4. The case remains terminated on the docket of this Court. Signed by Judge Walter H. Rice on 7/18/17. (pb)
September 30, 2015 Opinion or Order Filing 16 DECISION AND ENTRY - his case is before the Court upon the parties' Joint Stipulation For An Award Of Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412. (Doc. #15). The parties agree that Plaintiff is entitled to an EAJA award of attorney fees, costs, and expenses in the total amount of$3,250.00. The parties have further agreed that the EAJA award in the agreed amount will settle all of Plaintiff's EAJA claims in this case. Under the parties&# 039; agreement, any EAJA fees paid belong to Plaintiff and not her attorney and can be offset to satisfy pre-existing debt that Plaintiff owes the United States pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010). Accordingly, the Court hereby ORDE RS that:. The Parties' Joint Stipulation For An Of Attorney Fees Award Under EAJA (Doc. # 15) is accepted and the Commissioner shall pay Plaintiffs attorney fees, costs, and expenses in the total amount of $3,250.00; 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 Plaintiffs counsel; and 3. The case remains tenninated on the docket of this Court.. Signed by Judge Walter H. Rice on 9/30/2015. (ead)
July 7, 2015 Opinion or Order Filing 13 DECISION AND ENTRY - ORDERED that: The Report and Recommendations filed on June 18, 2015 (Doc. # 12 ) is ADOPTED in full; The Commissioner's non-disability finding is VACATED; No finding is made regarding whether Plaintiff Gary Brown, Jr. is u nder a "disability" within the meaning of the Social Security Act; This matter is REMANDED to the Social Security Administration pursuant to Sentence Four of 42 U.S.C. §405(g) for further proceedings consistent with the Report and Recommendations, and this Decision and Entry; and The case is tenninated on the docket of this Court.. Signed by Judge Walter H Rice on 7/7/2015. (srb)
June 18, 2015 Opinion or Order Filing 12 REPORT AND RECOMMENDATIONS: 1) the Commissioner's non-disability finding be vacated; 2) no finding be made as to whether Plaintiff Gary Brown, Jr. was under a "disability"; 3) this case be remanded to the Commissioner and the Administrative Law Judge for further consideration; and 4) the case be terminated on the docket of this Court. Objections to R&R due by 7/6/2015. Signed by Chief Magistrate Judge Sharon L. Ovington on 6/18/15. (mcm1)
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Plaintiff: Gary Brown, Jr
Represented By: Gary Marc Blumenthal
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Defendant: Commissioner of Social Security
Represented By: John J. Stark
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