Hickman v. Social Security Administration

Justia Dockets & Filings Sixth Circuit Tennessee Middle District Hickman v. Social Security Administration

Hickman v. Social Security Administration

Plaintiff:	Sheena Leigh Hickman
Defendant:	Social Security Administration
Case Number:	1:2016cv00097
Filed:	November 2, 2016
Court:	US District Court for the Middle District of Tennessee
Office:	Columbia Office
County:	Giles
Presiding Judge:	Joe Brown
Presiding Judge:	William J. Haynes
Nature of Suit:	Supplemental Security Income
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
January 17, 2018	Filing 18 ORDER: Accordingly, the Report and Recommendation (Doc. No. 25) is ADOPTED, Plaintiff's First Motion for Judgment on the Record (Doc. No. 13) is GRANTED insofar as she seeks a remand, and this case is hereby REMANDED to the Commissioner f or further proceedings in accordance with 42 U.S.C. § 405(g). Even though a remand under § 405(g) "makes the plaintiff a 'prevailing party'" under the Equal Access to Justice Act, Turner v. Comm'r of Soc. Se c., 680 F.3d 721, 723 (6th Cir. 2012), Plaintiff filed her Motion for Attorney's Fees (Doc. No. 16) prematurely. That Motion is DENIED WITHOUT PREJUDICE to refiling. The Clerk of the Court shall enter a final judgment in accordance with Rule 58. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/17/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)
December 5, 2017	Filing 15 REPORT AND RECOMMENDATION: For the reasons explained above, the undersigned RECOMMENDS that plaintiff's motion for judgment on the administrative record (Doc. 13) be GRANTED IN PART AND DENIED IN PART, and that the Commissioner's dec ision be REMANDED to the Commissioner for the ALJ to conduct a proper credibility assessment, and reconsider his disability determination based on that reassessment. Signed by Magistrate Judge Joe Brown on 12/5/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

Date Filed

Document Text

January 17, 2018

Filing 18 ORDER: Accordingly, the Report and Recommendation (Doc. No. 25) is ADOPTED, Plaintiff's First Motion for Judgment on the Record (Doc. No. 13) is GRANTED insofar as she seeks a remand, and this case is hereby REMANDED to the Commissioner f or further proceedings in accordance with 42 U.S.C. § 405(g). Even though a remand under § 405(g) "makes the plaintiff a 'prevailing party'" under the Equal Access to Justice Act, Turner v. Comm'r of Soc. Se c., 680 F.3d 721, 723 (6th Cir. 2012), Plaintiff filed her Motion for Attorney's Fees (Doc. No. 16) prematurely. That Motion is DENIED WITHOUT PREJUDICE to refiling. The Clerk of the Court shall enter a final judgment in accordance with Rule 58. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/17/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

December 5, 2017

Filing 15 REPORT AND RECOMMENDATION: For the reasons explained above, the undersigned RECOMMENDS that plaintiff's motion for judgment on the administrative record (Doc. 13) be GRANTED IN PART AND DENIED IN PART, and that the Commissioner's dec ision be REMANDED to the Commissioner for the ALJ to conduct a proper credibility assessment, and reconsider his disability determination based on that reassessment. Signed by Magistrate Judge Joe Brown on 12/5/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

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Plaintiff: Sheena Leigh Hickman
Represented By:	Jane M. Jennings
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Defendant: Social Security Administration
Represented By:	Mercedes C. Maynor-Faulcon
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