Alston v. Commissioner of Social Security
Plaintiff: Kimberly Y. Alston
Defendant: Commissioner of Social Security
Case Number: 3:2016cv00205
Filed: June 1, 2016
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

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 4, 2017 Opinion or Order Filing 18 DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The Parties' Joint Stipulation for an Award of Attorney's Fees Pursuant to the Equal Access to Justice Act (Doc. # 17 ) is accepted and the Commissioner shall pay Plaintiff's att orney fees, costs, and expenses in the total amount of $3,750.00; 2. Counsel for the parties shall verify, within thirty days of this Decision and Entry, whether or not Plaintiff owes a pre-existing debt to the United States subject to offset. I f no such pre-existing debt exists, Defendant shall pay the EAJA award directly to Plaintiffs counsel pursuant to the EAJA assignment signed by Plaintiff; and 3. The case remains terminated on the docket of this Court. Signed by Judge Walter H. Rice on 10/4/17. (pb)
July 6, 2017 Opinion or Order Filing 14 DECISION AND ENTRY-It is therefore ORDERED that: 1. The Report and Recommendations filed on 6/19/2017 (Doc.# 13 ) is ADOPTED in full; 2. The Commissioner's non-disability finding is VACATED; 3. No finding is made as to whether Plaintiff Kimberly Alston was under a "disability" within the meaning of the Social Security Act; 4. This matter is REMANDED to the Social SecurityAdministration under sentence four of 42 U.S.C. § 405(g) for further consideration consistent with the Report and Recommendations and this Decision; and 5. The case is terminated on the docket of this Court. IT IS SO ORDERED. Signed by Judge Walter H. Rice on 7/6/17. (kma)
June 19, 2017 Opinion or Order Filing 13 REPORT AND RECOMMENDATIONS: The Commissioner's non-disability finding be vacated; no finding be made as to whether Plaintiff Kimberly Alston was under a "disability" within the meaning of the Social Security Act; this matter be REMAND ED to the Social Security Administration for further consideration consistent with this Report and Recommendations, and any decision adopting this Report and Recommendations; and the case be terminated on the Court's docket. Objections to R&R due by 7/3/2017. Signed by Magistrate Judge Sharon L. Ovington on 6/19/2017. (lek)
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Plaintiff: Kimberly Y. Alston
Represented By: Gary Marc Blumenthal
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Defendant: Commissioner of Social Security
Represented By: John J. Stark
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