Stanley v. Social Security Administration
| Beverly Lynn Stanley |
| Social Security Administration |
| SSA-Email Notification |
| 3:2021cv00599 |
| August 2, 2021 |
| US District Court for the Middle District of Tennessee |
| Barbara D Holmes |
| Eli J Richardson |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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Filing 31
ORDER: No objections have been filed. Nonetheless, the Court has reviewed the Report and Recommendation and the file. The Report and Recommendation #30 is adopted and approved. Accordingly, Plaintiff's Motion (Doc. No. #26 ) is GRANTED, and Defendant is ordered to pay the amount of $4,562.58, less any offset amounts owed to the United States, by remitting payment to the business address of Plaintiff's counsel. Signed by District Judge Eli J. Richardson on 9/8/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 30
REPORT AND RECOMMENDATION re #26 MOTION for Attorney Fees: [I]t is respectfully RECOMMENDED that Plaintiff's motion (Docket No. #26 ) be GRANTED and Defendant be ordered to pay the amount of $4,562.58, less any offset amounts owed to the United States, by remitting payment to the business address of Plaintiff's counsel. Signed by Magistrate Judge Barbara D. Holmes on 8/18/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 29 RESPONSE to Motion re #26 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Social Security Administration. (Pratten, Troy) |
| Filing 28 NOTICE by Beverly Lynn Stanley re #26 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 (Palmer, Melissa) |
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Filing 27
ORDER REFERRING MOTION: Pending before the Court are Plaintiff's "Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412" (Doc. No. #26 , "Motion"). The Motion is referred to the Magistrate Judge for decision or recommendation as appropriate. Signed by District Judge Eli J. Richardson on 7/20/2022. (mg)
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| NOTICE TO FILER re DE#26 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for this document. (mg) |
| Filing 26 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 by Beverly Lynn Stanley. (Attachments: #1 Attachment Attorney Affirmation, #2 Exhibit A - CPI Table, #3 Exhibit B - All Professional Time, #4 Exhibit C - Attorney Time, #5 Exhibit D - Paralegal Time, #6 Exhibit E - Expenses, #7 Exhibit F - Affirmation and Waiver of Direct Payment of EAJA Fees, #8 Attachment Memorandum in Support of Motion, #9 Attachment Certificate of Service)(Palmer, Melissa) |
| Filing 25 ENTRY OF JUDGMENT re: #24 Order Dismissing Case. (hb) |
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Filing 24
ORDER DISMISSING CASE: Defendant has determined that remand is "necessary because of an unresolved conflict between vocational expert testimony and the Dictionary of Occupational Titles (DOT)." (Doc. No. 23-1 at 1). Accordingly, and in light of no objection, the Court finds the Motion to be well-taken. Therefore, the referral to the Magistrate Judge is hereby REVOKED, the Motion (Doc. No. #23 ) is GRANTED, and the Motion for Judgment on the Record (Doc. No. #22 ) is DENIED as moot. The decision of the Administrative Law Judge in this matter is reversed, and this case is remanded to Defendant for further proceedings. This Order shall constitute final judgment for purposes of Fed. R. Civ. P. 58, and the Clerk is directed to close the file. IT IS SO ORDERED. Signed by District Judge Eli J. Richardson on 5/3/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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| Filing 23 Unopposed MOTION to Remand to Social Security Administration by Social Security Administration. (Attachments: #1 Attachment Memorandum in Support)(Pratten, Troy) |
| Filing 22 MOTION for Judgment on the Record in a Social Security Matter by Beverly Lynn Stanley. (Attachments: #1 Attachment Brief in Support, #2 Attachment Certificate of Service)(Palmer, Melissa) |
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Filing 21
ORDER granting #20 Motion for Extension of Time to File. The time for Plaintiff to file a motion and supporting brief is extended to April 4, 2022. And good luck to the expecting parents. Signed by Magistrate Judge Barbara D. Holmes on 2/26/2022. (mg)
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| Filing 20 Second MOTION for Extension of Time to File Plaintiff's Motion for Judgment on the Administrative Record and Supporting Memorandum of Law by Beverly Lynn Stanley. (Attachments: #1 Attachment Proposed Order)(Palmer, Melissa) |
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Filing 19
ORDER: The Motion for Extension of Time, Docket Entry No. #18 , is GRANTED. The time for Plaintiff to file a motion for judgment on the administrative record and accompanying memorandum is extended to February 28, 2022. Signed by Magistrate Judge Barbara D. Holmes on 12/29/2021. (mg)
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| Filing 18 Consent MOTION for Extension of Time to File Plaintiff's Motion for Judgment on the Administrative Record and Supporting Memorandum of Law by Beverly Lynn Stanley. (Attachments: #1 Attachment Proposed Order)(Palmer, Melissa) |
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Filing 17
ORDER: To facilitate review of the administrative decision, the plaintiff is directed to file a motion for judgment based on the administrative record and an accompanying memorandum in support of the motion within twenty-eight (28) days of entry of this order. Signed by Magistrate Judge Barbara D. Holmes on 12/1/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 16
ORDER granting #13 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Troy Pratten to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 12/01/2021. (lh)
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| MO State Bar status verified as active for Troy J. Pratten admitted to this court. (mg) |
| Filing 15 SSA Administrative Record filed per.. (Pratten, Troy) |
| Filing 14 ANSWER to Social Security Complaint by Social Security Administration.(Pratten, Troy) |
| Filing 13 MOTION for attorney Troy Pratten to Appear Pro Hac Vice (Government Attorney) (Fee waived) by Social Security Administration. (Attachments: #1 Attachment Certificate of Good Standing)(Pratten, Troy) Modified on 11/30/2021 (mg). |
| Filing 12 SUMMONS Returned Executed by Beverly Lynn Stanley. (Palmer, Melissa) |
| NOTICE TO FILER re DE#11 : The wrong event was used. The correct event should be Service of Process/Summons Returned Executed. Counsel shall re-file the document. (mg) |
| Filing 11 ***DISREGARD*** AFFIDAVIT of Service for Summons and Complaint served on U.S. Attorney's Office on 9/21/2021, Office of the Regional Chief Counsel on 9/20/2021, and United States Attorney General on 9/22/2021, filed by Beverly Lynn Stanley. (Palmer, Melissa) Modified on 9/27/2021 (mg). |
| TN State Bar status verified as active for William M. Kaludis admitted to this court. (mg) |
| Filing 10 Summons Issued as to Social Security Administration, U.S. Attorney and U.S. Attorney General. Service copies will be returned to counsel (Melissa A. Palmer) by mail. (mg) Modified on 8/17/2021 (mg). |
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Filing 9
ORDER: Currently pending is Plaintiff's application for leave to proceed in forma pauperis. (Docket No. #2 .) This application has been referred to the undersigned pursuant to Rule 72 of the Federal Rules of Civil Procedure and 28 U.S.C. 636(b). (Docket No. #6 .) Upon review of Plaintiff's application, the motion (Docket No. #2 ) is GRANTED. Signed by Magistrate Judge Barbara D. Holmes on 8/16/2021. (mg)
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| Filing 8 NOTICE of Appearance by William M. Kaludis on behalf of Beverly Lynn Stanley (Attachments: #1 Attachment Certificate of Service)(Kaludis, William) |
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Filing 7
ORDER granting #3 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Melissa A. Palmer to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 08/04/2021. (lh)
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Filing 6
ORDER: Pursuant to Rule 72 of the Federal Rules of Civil Procedure and 28 U.S.C. 636(b)(1), this case is REFERRED to the Magistrate Judge for a scheduling order, for decision on all nondispositive matters, including the pending IFP application (Doc. No. #2 ), and for a Report and Recommendation on disposition of Plaintiff's Complaint for judicial review of the decision of the Social Security Administration. Signed by District Judge Eli J. Richardson on 8/3/2021. (vh)
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| Filing 5 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 4 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (mg) |
| Filing 3 MOTION for attorney Melissa A. Palmer to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3421416) by Beverly Lynn Stanley. (Attachments: #1 Attachment Certificate of Good Standing)(Palmer, Melissa) |
| NOTICE TO COUNSEL Melissa A. Palmer: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 8/24/2021. (mg) |
| NY State Bar status verified as active for Melissa A. Palmer not admitted to this court - Local counsel required. (mg) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Beverly Lynn Stanley. (hb) |
| Filing 1 SOCIAL SECURITY COMPLAINT against Social Security Administration, filed by Beverly Lynn Stanley. (Attachments: #1 Exhibit A - Notice of Appeals Council Action, #2 Attachment Civil Cover Sheet)(hb) |
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