Metcalf v. Commissioner of Social Security
| Eli Metcalf |
| Commissioner of Social Security |
| 3:2022cv00231 |
| August 15, 2022 |
| US District Court for the Southern District of Ohio |
| Stephanie K Bowman |
| Walter H Rice |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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This docket was last retrieved on September 29, 2022. A more recent docket listing may be available from PACER.
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Filing 12
ORDER granting #11 The Parties' Joint Stipulation for an Award of Attorney's Fees under the Equal Access to Justice Act is accepted and the Commissioner shall pay Plaintiff's attorney fees in the amount of $700.00 and costs in the amount of $0, for a total award of $700.00; Counsel for the parties shall verify whether or not Plaintiff owes a preexisting debt to the United States subject to offset, consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 560 U.S. 586 (2010). If no such pre-existing debt exists. Defendant shall pay the EAJA award directly to Plaintiff's counsel pursuant to the EAJA assignment signed by Plaintiff; and the case remains terminated on the docket of this Court. Signed by Judge Walter H. Rice on 9/29/2022. (bjr)
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| Filing 11 Joint MOTION for Attorney Fees by Defendant Commissioner of Social Security. (Attachments: #1 Text of Proposed Order) (Sorkin, Adam) |
| Filing 10 CLERK'S JUDGMENT. Signed on 9/12/2022. (srb) |
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Filing 9
ORDER - IT IS ORDERED THAT: 1. The parties' Joint Motion to Remand (Doc, #8 ) is GRANTED; 2. The Clerk of Court is directed to enter Judgment in Plaintiff's favor under Fed. R. Civ. P. 58; 3. This matter is REMANDED to the Social Security Administration, pursuant to sentence four of 42 U.S.C. 405(g) for further consideration consistent with this Order and the parties' stipulation; and 4. The case is terminated on the docket of this Court. IT IS SO ORDERED. Signed by Judge Walter H. Rice on 9/12/2022. (srb) (jmb).
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| Filing 8 Joint MOTION to Remand by Defendant Commissioner of Social Security. (Attachments: #1 Text of Proposed Order) (Sorkin, Adam) |
| Filing 7 NOTICE of Appearance by Adam R. Sorkin for Defendant Commissioner of Social Security (Sorkin, Adam) |
| Judge Walter H. Rice and Magistrate Judge Stephanie K. Bowman added. (jmb) |
| CLERK'S NOTICE: Pursuant to #S.D. Ohio General Order 22-04, there is no unanimous consent to Magistrate Judge jurisdiction. The Clerk of Court is DIRECTED to randomly assign this case to a resident District Judge. (jmb) |
| Filing 5 COMPLAINT against Commissioner of Social Security, filed by Eli Metcalf. (Attachments: #1 Civil Cover Sheet) (km) |
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Filing 4
ORDER granting #1 Plaintiff's Motion for Leave to Proceed in forma pauperis. In accordance with Southern District of Ohio Civil Rule 8.1, the Commissioner shall file and serve a certified copy of the administrative record within 60 DAYS after filing of the Social Security Identification Form and the Complaint as required by Southern District of Ohio Civil Rule 8.1(a), which copy shall function as the Answer. Plaintiff must file a Statement of Errors within 45 DAYS after filing of the administrative record setting forth the basis upon which reversal or remand is sought. The Commissioner must file and serve a Memorandum in Opposition to Plaintiff's Statement of Errors within 45 DAYS after service of the Statement of Errors. Plaintiff's Reply, if any, must be filed 15 DAYS after the memorandum in opposition is filed. All briefing must include references to the administrative record. All briefing must include references to the administrative record in the following citation format to the Bates-stamped number in the lower-right hand corner of the page: "(R. at ____.)". All documents filed electronically must be filed in optical character recognition ("OCR") text-searchable PDF format. Signed by Magistrate Judge Stephanie K. Bowman on 8/16/2022. (km)
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| Set/Reset Deadlines: Commissioner of Social Security answer due 10/17/2022. (km) |
| Filing 3 Statement As To Magistrate Judge Jurisdiction Form. The completed Statement As To Magistrate Jurisdiction Form shall be completed and emailed to the Court's Social Security Case Coordinator at, SSA_Coordinator@ohsd.uscourts.gov or mailed to: Office of the ClerkWalter H. Rice Federal Buildingand U.S. CourthouseRoom 712Attn: Social Security Coordinator200 W. Second StreetDayton, Ohio 45402DO NOT ELECTRONICALLY FILE THIS DOCUMENT, IT MUST BE MAILED TO THE ABOVE ADDRESS OR EMAILED TO SSA_Coordinator@ohsd.uscourts.gov. The completed Statement As To Magistrate Judge Jurisdiction Form due by 9/14/2022 (jmb) |
| Filing 2 CLERK'S NOTICE and GENERAL ORDER 22-04: Pursuant to #S.D. Ohio General Order 22-04, if no party indicates that they are withholding their consent to Magistrate Judge jurisdiction, the case will remain with the assigned Magistrate Judge for all matters, including entry of a final judgment. Further, the filing of a party's statement of errors or memorandum in opposition without first filing an executed copy of the Statement as to Magistrate Judge Jurisdiction Form will also be deemed as consent by that party to Magistrate Judge jurisdiction over all aspects of the litigation, including entry of a final judgment. (jmb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Plaintiff Eli Metcalf. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 SSA ID Form) (Rake, Michael) |
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| Plaintiff: Eli Metcalf | |
| Represented By: | Michael A Rake |
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| Defendant: Commissioner of Social Security | |
| Represented By: | John J. Stark |
| Represented By: | Adam R. Sorkin |
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