Toledano v. Commissioner, SSA
||September 30, 2015
||US District Court for the Eastern District of Texas
||Don D. Bush
|Nature of Suit:
||Supplemental Security Income
|Cause of Action:
||42 U.S.C. § 416
|Jury Demanded By:
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|April 4, 2017
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 23 Report and Recommendations. ORDERED that Plaintiff's Motion for Attorney Fees (Dkt. # 20) is GRANTED. Plaintiff should be awarded attorney fees under the Equal Access of Justice Act, 28 U.S.C. § 2412(d), in the amount of $7,220.51. This award shall be made payable to Plaintiff via her attorney of record. Signed by Judge Amos L. Mazzant, III on 4/4/2017. (daj, )
|January 25, 2017
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 17 Report and Recommendations. ORDERED that the decision of the Commissioner is AFFIRMED IN PART and REMANDED IN PART. The Commissioner's decision regar ding the weighing of medical evidence is AFFIRMED. The Commissioner's decision as to step five of the analysis is not supported by substantial evidence; thus, on remand, the Court finds the ALJ shall fully develop the record with regard to whether there are other positions available besides jobs at a sedentary level to discover whether Plaintiff Alice Toledano is exertionally limited to sedentary occupations. Signed by Judge Amos L. Mazzant, III on 1/25/2017. (daj, )
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