Iery v. Commissioner of Social Security
Plaintiff: Tamey Iery
Defendant: Commissioner of Social Security
Case Number: 3:2016cv00158
Filed: April 21, 2016
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Michael J. Newman
Presiding Judge: Walter H. Rice
Nature of Suit: Disability Insurance
Cause of Action: 42 U.S.C. ยง 405
Jury Demanded By: None
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Date Filed Document Text
May 7, 2019 Opinion or Order Filing 19 ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, it is hereby ORDERED that: 1. The Report and Recommendation (Doc. # 18 ) is ADOPTED in full; 2. The Unopposed Motion for Attorney's Fee Award (Doc. # 17 ) be GRANTED; 3. Fees, pursuant to 42 U.S.C. § 406(b), in the amount of $25,000.00 be AWARDED; 4. Plaintiffs Counsel refund to Plaintiff, within 14 days, the EAJA fee previously awarded to Counsel; and 5. This case remains terminated on the docket of this Court. Signed by Judge Walter H. Rice on 5/7/19. (kma)
April 25, 2019 Opinion or Order Filing 18 REPORT AND RECOMMENDATION1 THAT: (1) THE UNOPPOSED MOTION BY PLAINTIFFS COUNSEL FOR AN ATTORNEYS FEE AWARD (DOC. 17 ) BE GRANTED; (2) FEES, PURSUANT TO 42 U.S.C. § 406(b), IN THE AMOUNT OF $25,000.00 BE AWARDED; (3) DIRECTING PLAINTIFFS CO UNSEL TO REFUND TO PLAINTIFF, WITHIN FOURTEEN DAYS, THE EAJA FEE PREVIOUSLY AWARDED TO COUNSEL; AND (4) THIS CASE REMAIN TERMINATED ON THE COURTS DOCKET. Objections to R&R due by 5/9/2019. Signed by Magistrate Judge Michael J. Newman on 4/25/19. (kma)
October 19, 2017 Opinion or Order Filing 16 ORDER- The Court grants the parties' Joint Stipulation for an Award of Attorney's Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, and awards Plaintiff attorney fees in the amount of $7,500.00 in full satisfact ion of any claims for fees, expenses, and costs under 28 U.S.C. § 2412 that may be payable in this case. Any fees paid belong to Plaintiff and not her attorney and can be offset to satisfy any pre-existing debt that Plaintiff owes the United Sta tes pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010). After the Court enters this award, if counsel for the parties can verify that Plaintiff owes no pre-existing debt subject to offset, the Defendant agrees to direct that the award be made payable to Plaintiffs attorney pursuant to an EAJA assignment duly signed by Plaintiff. re 15 . Signed by Judge Walter H. Rice on 10/19/17. (kma)
July 25, 2017 Opinion or Order Filing 13 DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART MOTION FOR VOLUNTARY REMAND OF NANCY A. BERRYHILL, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION (DOC. # 11 ); JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF TAMEY IERY AND AGAINS T THE COMMISSIONER, REVERSING THE COMMISSIONER'SDECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING THE CAPTIONED CAUSE TO THE DEFENDANT COMMISSIONER, PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. § 405(g), FOR AN IMMEDIATE AWARD OF BENEFITS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 7/25/17. (kma)
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Plaintiff: Tamey Iery
Represented By: Gary Marc Blumenthal
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Defendant: Commissioner of Social Security
Represented By: Shefali Baltz
Represented By: John J. Stark
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