Kennedy v. Commissioner of Social Security
Plaintiff: Phyllis Kennedy
Defendant: Commissioner of Social Security
Case Number: 3:2015cv00059
Filed: February 16, 2015
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Sharon L Ovington
Presiding Judge: Thomas M Rose
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
November 13, 2017 Opinion or Order Filing 20 DECISION AND ORDER - The Motion For Allowance Of Attorney Fees filed by Plaintiff's attorney 19 is GRANTED, the Commissioner shall pay Plaintiff's attorney fees pursuant to 42 U.S.C. Section 406(b)(1) in the amount of $35,679.00, Pla intiff's counsel shall refund to Plaintiff the amount of attorney fees, if any, she has actually received under the Equal Access To Justice Act; and case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 11-13-2017. (de)
March 31, 2016 Opinion or Order Filing 18 DECISION AND ENTRY granting 16 Motion for Attorney Fees -Plaintiff's Motion For Attorney Fees Under Equal Access To Justice Act 16 is GRANTED; the Commissioner shall pay Plaintiff's attorney fees under the EAJA in the total amount of $6,490.49, the Commissioner 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, the Commissioner shall pay the EAJA award directly to Plaintiff's attorney; and, the case remains terminated on the Courts docket. Signed by Judge Thomas M. Rose on 3-31-2016. (de)
February 2, 2016 Opinion or Order Filing 14 ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 in full, the Commissioner's Motion to Remand 11 is GRANTED, in part, as to the requested remand to the Social Security Administration, and DENIED, in part, as to the request for further administra tive proceedings, the Commissioner's non-disability finding is reversed, this matter is remanded to the Social Security Administration under Sentence 4 of 42 U.S.C. §405(g) for payment of benefits regardingPlaintiff Phyllis J. Kennedy's consolidated applications and benefits areawarded to Kennedy for the remaining period at issue in those applications; and the case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 2-2-2016. (de)
January 13, 2016 Opinion or Order Filing 13 REPORT AND RECOMMENDATIONS: (1) 11 The Commissioners Motion to Remand be GRANTED, in part, as to the requested remand to the Social Security Administration, and DENIED, in part, as to the request for further administrative proceedings; (2) The Comm issioner's non-disability finding be reversed; (3) This matter be remanded to the Social Security Administration under Sentence 4 of 42 U.S.C. §405(g) for payment of benefits regarding Plaintiff Phyllis J. Kennedy's consolidated applic ations and benefits be awarded to Kennedy for the remaining period at issue in those applications; and (4) The case be terminated on the docket of the Court. Objections to R&R due by 2/1/2016. Signed by Chief Magistrate Judge Sharon L. Ovington on 1-13-16. (mcm)
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Plaintiff: Phyllis Kennedy
Represented By: Stephanie D Dobson
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Defendant: Commissioner of Social Security
Represented By: John J. Stark
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