Shank v. Saul

Shank v. Saul

Case Number:	3:2020cv00444
Filed:	July 1, 2021
Court:	US District Court for the Southern District of West Virginia
Office:	Huntington Office
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (DIWC)

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Date Filed	Document Text
December 12, 2022	Filing 25 MEMORANDUM OPINION AND ORDER granting Plaintiff's 22 MOTION and Brief for Attorney Fees Pursuant to 42 U.S.C. §406(b); directing the Social Security Administration to pay the fee request of $28,050.25 from the amounts withheld from P laintiff's past-due benefits and remit to Plaintiff any remaining amounts that were withheld for attorney fees; further directing Plaintiff's counsel to refund to Plaintiff the EAJA fees previously awarded upon receipt of the § 406(b) fees. Signed by Magistrate Judge Cheryl A. Eifert on 12/12/2022. (cc: counsel of record) (jsa)
July 1, 2021	Filing 17 MEMORANDUM OPINION AND ORDER accepting and incorporating the 16 Proposed Findings and Recommendations by Magistrate Judge Eifert; granting Plaintiff's 12 request for judgment on the pleadings to the extent that it requests remand of the Com missioner's decision; denying Defendant's 14 request to affirm the decision of the Commissioner; reversing the final decision of the Commissioner; remanding this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the Proposed Findings and Recommendations; and dismissing this action from the docket of the Court. Signed by Judge Robert C. Chambers on 7/1/2021. (cc: counsel of record; any unrepresented parties) (hkl)

Date Filed

Document Text

December 12, 2022

Filing 25 MEMORANDUM OPINION AND ORDER granting Plaintiff's 22 MOTION and Brief for Attorney Fees Pursuant to 42 U.S.C. §406(b); directing the Social Security Administration to pay the fee request of $28,050.25 from the amounts withheld from P laintiff's past-due benefits and remit to Plaintiff any remaining amounts that were withheld for attorney fees; further directing Plaintiff's counsel to refund to Plaintiff the EAJA fees previously awarded upon receipt of the § 406(b) fees. Signed by Magistrate Judge Cheryl A. Eifert on 12/12/2022. (cc: counsel of record) (jsa)

July 1, 2021

Filing 17 MEMORANDUM OPINION AND ORDER accepting and incorporating the 16 Proposed Findings and Recommendations by Magistrate Judge Eifert; granting Plaintiff's 12 request for judgment on the pleadings to the extent that it requests remand of the Com missioner's decision; denying Defendant's 14 request to affirm the decision of the Commissioner; reversing the final decision of the Commissioner; remanding this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the Proposed Findings and Recommendations; and dismissing this action from the docket of the Court. Signed by Judge Robert C. Chambers on 7/1/2021. (cc: counsel of record; any unrepresented parties) (hkl)

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