Roffman v. Commissioner of Social Security
| Kenneth G. Roffman |
| Nancy A. Berryhill, Nancy A Berryhill and Commissioner, Social Security Administration |
| Social Security Administration - Interested Party |
| 7:2019cv00058 |
| June 13, 2019 |
| US District Court for the Northern District of Texas |
| Barbara MG Lynn |
| Hal R Ray |
| Social Security: DIWC/DIWW (405(g)) |
| 42 U.S.C. § 405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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Filing 33
ORDER GRANTING IN PART MOTION FOR ATTORNEY FEES UNDER 42 U.S.C. 406(b) re #28 Motion for Attorney Fees. The Court AWARDS Howard D. Olinsky, Esq., attorney fees in the amount of $13,450.50 under 42 U.S.C. 406(b). The Court also ORDERS the Commissioner to certify and disburse this amount from Plaintiff's past-due benefits to Plaintiff's counsel and ORDERS Plaintiffs counsel to promptly return to Plaintiff the $4,963.10 attorney fee award previously entered under the Equal Access to Justice Act. (Ordered by Magistrate Judge Hal R. Ray, Jr on 10/14/2021) (npk)
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| Filing 32 REPLY filed by Kenneth G. Roffman re: #30 Order Setting Deadline/Hearing, (Olinsky, Howard) |
| Filing 31 RESPONSE filed by Commissioner, Social Security Administration re: #30 Order Setting Deadline/Hearing, (Olszewski, Natalie) |
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Filing 30
ORDER: Accordingly, by March 15, 2021, Defendant shall file a brief that addresses counsel for Plaintiff's request, and Plaintiff shall file a responsive brief on or before April 15, 2021. re: #28 MOTION for Attorney Fees Pursuant to Social Security Act Section 206(b)(1) (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/12/2021) (trt)
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| Filing 29 RESPONSE filed by Commissioner, Social Security Administration re: #28 MOTION for Attorney Fees Pursuant to Social Security Act Section 206(b)(1) (Olszewski, Natalie) |
| Filing 28 MOTION for Attorney Fees Pursuant to Social Security Act Section 206(b)(1) filed by Kenneth G. Roffman (Attachments: #1 Affirmation in Support, #2 Exhibit A - Fee Agreement, #3 Exhibit B - Information Letter, #4 Exhibit C - Total Professional Time, #5 Exhibit D - Attorney Time, #6 Exhibit E - Paralegal Time, #7 Proposed Order, #8 Certificate of Service) (Olinsky, Howard) |
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Filing 27
ORDER RE:Plaintiff's Petition and Brief for Award of Attorney Fees Under the Equal Access to Justice Act, ECF Nos. #23 and #24 . See Order for further specifics. (Ordered by Magistrate Judge Hal R. Ray, Jr on 4/10/2020) (skg)
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| Filing 26 NOTICE of no objection to reduced attorney hourly rate re: #25 Response/Objection filed by Kenneth G. Roffman (Olinsky, Howard) |
| Filing 25 RESPONSE AND OBJECTION filed by Andrew M Saul re: #23 First MOTION for Attorney Fees pursuant to Equal Access to Justice Act 28 U.S.C.A. 2412, opposed (Olszewski, Natalie) |
| Filing 24 Brief/Memorandum in Support filed by Kenneth G. Roffman re #23 First MOTION for Attorney Fees pursuant to Equal Access to Justice Act 28 U.S.C.A. 2412, opposed (Attachments: #1 Exhibit(s) A CPI Table, #2 Exhibit(s) B All Professional Time, #3 Exhibit(s) C Attorney Time, #4 Exhibit(s) D Paralegal Time, #5 Exhibit(s) E Affirmation and Waiver of Direct Payment of EAJA Fees, #6 Memorandum in Support, #7 Certificate of Service, #8 Statement Pursuant to Local Rule 7.1(a)) (Olinsky, Howard) |
| Filing 23 First MOTION for Attorney Fees pursuant to Equal Access to Justice Act 28 U.S.C.A. 2412, opposed filed by Kenneth G. Roffman (Attachments: #1 Proposed Order) (Olinsky, Howard) |
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Filing 22
FINAL JUDGMENT: In accordance with the Order Granting Defendant's Motion to Reverse and Remand, ECF No. #21 , issued this same day and Federal Rule of Civil Procedure 58, the decision of the Commissioner is REVERSED, and this case is REMANDED to the Commissioner for further administrative action. (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/18/2019) (plp)
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Filing 21
ORDER granting #20 Defendant's Motion to Reverse and Remand Pursuant to Sentence Four of Section 205(g) of the Social Security Act. The undersigned GRANTS the Motion, REVERSES the Administrative Law Judges decision, and REMANDS this case to the Commissioner for further administrative action. (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/18/2019) (plp)
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| Filing 20 Unopposed MOTION to Remand to Social Security Administration filed by Andrew M Saul with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Olszewski, Natalie) |
| Filing 19 Appellant's BRIEF by Kenneth G. Roffman. (Olinsky, Howard) |
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Filing 18
ORDER DIRECTING FILING OF BRIEFS: See Order for further specifics. (Ordered by Magistrate Judge Hal R. Ray, Jr on 10/16/2019) (skg)
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| Magistrate Judge Hal R. Ray, Jr added per order at docket 17. (cea) |
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Filing 17
ELECTRONIC CONSENT to Proceed Before a U.S. Magistrate Judge by all parties and Order Reassigning Case. Chief Judge Barbara M.G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 10/11/2019) (chmb)
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| Filing 16 NOTICE of parties' consent(s) to proceed before the magistrate judge filed by Kenneth G. Roffman, Andrew M Saul (ali) |
| Filing 15 Administrative Record consisting of Social Security record filed by Andrew M Saul. (Attachments: #1 Additional Page(s)) (Olszewski, Natalie) |
| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Andrew M Saul. (Olszewski, Natalie) |
| Filing 13 ANSWER to #1 Complaint,,,, filed by Andrew M Saul. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Natalie E Olszewski added to party Andrew M Saul(pty:dft) (Olszewski, Natalie) |
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Filing 12
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO PROCEED WITHOUT DESIGNATION OF LOCAL COUNSEL: The Court finds that Plaintiff's Motion (ECF No. #4 ) should be and is hereby GRANTED. The Court ORDERS that Mr. Olinsky may represent Plaintiff without designating local counsel, subject to further order of the Court. (Ordered by Magistrate Judge Hal R. Ray, Jr on 8/28/2019) (plp)
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| Filing 11 SUMMONS Returned Executed as to Andrew M. Saul ; served on 8/13/2019. (skg) |
| Filing 10 USMS Process Receipt and Return re: SUMMONS Returned Executed as to Nancy A Berryhill ; served on 8/7/2019. (plp) |
| Filing 9 SUMMONS Returned Executed as to Nancy A. Berryhill ; served on 7/8/2019. (skg) |
| Filing 8 Summons issued as to Nancy A. Berryhill, U.S. Attorney, and U.S. Attorney General. Clerk has emailed summons to USM for service. (skg) (Main Document 8 replaced on 6/14/2019) (trt). |
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Filing 7
ORDER granting #2 Motion for Leave to Proceed In Forma Pauperis. (Ordered by Judge Reed C. O'Connor on 6/14/2019) (skg)
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| Filing 6 New Case Notes: A filing fee has not been paid. File to: No court file needed. CASREF case referral set and case referred to Magistrate Judge Ray (see Special Order 3). Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ray). Clerk to provide copy to plaintiff if not received electronically. Motion(s) referred to Magistrate Judge Hal R. Ray, Jr. (skg) |
| Filing 5 Brief/Memorandum in Support filed by Kenneth G. Roffman re #4 MOTION Waive Local Counsel (Olinsky, Howard) |
| Filing 4 MOTION Waive Local Counsel filed by Kenneth G. Roffman (Attachments: #1 Proposed Order) (Olinsky, Howard) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kenneth G. Roffman. (Olinsky, Howard) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Kenneth G. Roffman (Olinsky, Howard) |
| Filing 1 COMPLAINT against Commissioner of Social Security filed by Kenneth G. Roffman. (Filer fee note- IFP motion in complaint or to be filed) Clerk to issue summons(es) if the motion to proceed IFP is granted. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Civil Cover Sheet, #2 Letter to Clerk) (Olinsky, Howard) |
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