Underwood v. Commissioner of Social Security
| Ohio Southern District Court | |
| Judge: | Walter H Rice |
| Referred: | Michael J Newman |
| Case #: | 3:17-cv-00016 |
| Nature of Suit | 864 Social Security - SSID Title XVI |
| Cause | 42:206 Social Security Benefits |
| Case Filed: | Jan 18, 2017 |
| Terminated: | Jun 23, 2017 |
Defendant
Commissioner of Social Security
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Interested Party
SSA
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Plaintiff
Earnest Underwood II
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GPO
Jun 23 2017
ORDER AND ENTRY: (1) GRANTING THE PARTIES' JOINT MOTION TO REMAND TO THE COMMISSIONER (DOC. 11); (2) REMANDING THIS CASE UNER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS; AND (3) TERMINATING THIS CSE ON THE COURT'S DOCKET - This Social Security disability benefits appeal is presently before the Court on the parties' joint motion to remand this case to the Commissioner for further administrative proceedings pursuant to the Fourth Sentence of 42 U.S.C. § 405(g). Doc. 11. Based upon the agreement of the parties, and for good cause shown, the ALJ's non-disability finding is REVERSED as unsupported by substantial evidence and the parties' joint motion for a Sentence Four remand (doc. 11) is GRANTED. This case is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for further proceedings. The Clerk is ORDERED to enter judgment in favor of Plaintiff and to TERMINATE this case on the Court's docket. IT IS SO ORDERED. Signed by Judge Walter H. Rice on 6/23/2017. (srb) |
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GPO
Jun 23 2017
CLERK'S JUDGMENT. Signed on 6/23/2017. (srb) |
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GPO
May 08 2019
REPORT AND RECOMMENDATION1 THAT: (1) THE UNOPPOSED MOTION BY PLAINTIFFS COUNSEL FOR AN ATTORNEYS FEE AWARD (DOC. 14) BE GRANTED; (2) FEES, PURSUANT TO 42 U.S.C. § 406(b), IN THE AMOUNT OF $15,513.25 BE AWARDED; AND (3) THIS CASE REMAIN TERMINATED ON THE COURTS DOCKET. Objections to R&R due by 5/22/2019. Signed by Magistrate Judge Michael J. Newman on 5/8/19. (kma) |
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GPO
Jun 18 2019
REPORT AND RECOMMENDATION1 THAT: (1) THE MOTION BY PLAINTIFFS COUNSEL FOR AN ATTORNEYS FEE AWARD (DOC. 14), AS MODIFIED BY PLAINTIFFS REPLY BREIF (DOC. 20) BE GRANTED; (2) FEES, PURSUANT TO 42 U.S.C. § 406(b), IN THE AMOUNT OF $15,479.25 BE AWARDED AS FOLLOWS: THE $6,000.00 SUM NOW HELD IN ESCROW BE RELEASED TO PLAINTIFFS COUNSEL AND THE COMMISSIONER BE DIRECTED TO AWARD PLAINTIFFS COUNSEL THE DIFFERENCE BETWEEN THESE TWO AMOUNTS, i.e., $9,479.25; AND (3) THIS CASE REMAIN TERMINATED ON THE COURTS DOCKET. Objections to R&R due by 7/2/2019. Signed by Magistrate Judge Michael J. Newman on 6/18/19. (kma) |
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GPO
Jul 08 2019
ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, it is hereby ORDERED that: 1. The Report and Recommendation (Doc. #23) is ADOPTED in full; 2. Plaintiffs Motion for Attorney's Fees (Doc. #14), as modified by Plaintiffs reply brief (Doc. #20) be GRANTED; 3. Plaintiffs Counsel be AWARDED the requested sum of $15,479.25.00 in attorney's fees as follows: the $6,000.00 sum now held in escrow be released to Plaintiffs counsel and the Commissioner is directed to award Plaintiffs Counsel the difference between these two amounts, i.e., $9,479.25; and 4. This case remains TERMINATED on the docket of this Court. Signed by Judge Walter H. Rice on 7/8/19. (kma) |
| Docket last updated: 1 hours ago |
| Monday, July 08, 2019 | ||
| 24 | 24
2
pgs
order
Order Adopting Report and Recommendations
Mon 07/08 9:25 AM
ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, it is hereby ORDERED that: 1. The Report and Recommendation (Doc. #23 ) is ADOPTED in full; 2. Plaintiffs Motion for Attorney's Fees (Doc. #14 ), as modified by Plaintiffs reply brief (Doc. #20 ) be GRANTED; 3. Plaintiffs Counsel be AWARDED the requested sum of $15,479.25.00 in attorney's fees as follows: the $6,000.00 sum now held in escrow be released to Plaintiffs counsel and the Commissioner is directed to award Plaintiffs Counsel the difference between these two amounts, i.e., $9,479.25; and 4. This case remains TERMINATED on the docket of this Court. Signed by Judge Walter H. Rice on 7/8/19. (kma) |
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| Tuesday, June 18, 2019 | ||
| 23 | 23
motion
Report and Recommendations
Tue 06/18 3:40 PM
REPORT AND RECOMMENDATION1 THAT: (1) THE MOTION BY PLAINTIFFS COUNSEL FOR AN ATTORNEYS FEE AWARD (DOC.14 ), AS MODIFIED BY PLAINTIFFS REPLY BREIF (DOC.20 ) BE GRANTED; (2) FEES, PURSUANT TO 42 U.S.C. § 406(b), IN THE AMOUNT OF $15,479.25 BE AWARDED AS FOLLOWS: THE $6,000.00 SUM NOW HELD IN ESCROW BE RELEASED TO PLAINTIFFS COUNSEL AND THE COMMISSIONER BE DIRECTED TO AWARD PLAINTIFFS COUNSEL THE DIFFERENCE BETWEEN THESE TWO AMOUNTS, i.e., $9,479.25; AND (3) THIS CASE REMAIN TERMINATED ON THE COURTS DOCKET. Objections to R&R due by 7/2/2019. Signed by Magistrate Judge Michael J. Newman on 6/18/19. (kma) |
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minutes
Telephone Conference
Tue 06/18 3:33 PM
Minute Entry: This Social Security benefits appeal case came before the Court for a telephone conference on 6/18/2019 before Judge Newman. Attorneys Susana Ochoa and Marilyn Donoff participated. Counsel discussed and ultimately agreed upon an amount of attorney's fees that should be paid to Plaintiff's Counsel. A Report and Recommendation will issue by separate entry to reflect the agreement. (jt) |
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| Thursday, June 13, 2019 | ||
| 21 | 21
notice
Notice of Telephone Conference
Thu 06/13 4:25 PM
NOTICE: Telephone Conference set for 6/18/2019 10:00 AM before Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (tg) |
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| Tuesday, June 11, 2019 | ||
| 20 | 20
misc
Reply (non motion)
Tue 06/11 3:52 PM
Reply re19 Response in Opposition to Motion by Plaintiff Earnest Underwood, II. (Donoff, Marilyn) |
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| Wednesday, June 05, 2019 | ||
| 19 | 19
respm
Response in Opposition to Motion
Wed 06/05 5:40 PM
RESPONSE in Opposition re14 MOTION for Attorney Fees Pursuant to 42 U.S.C. § 406(B) filed by Defendant Commissioner of Social Security. (Ochoa, Susana) |
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Att: 1
Exhibit
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| Wednesday, May 22, 2019 | ||
| 18 | 18
order
Order on Motion for Extension of Time
Wed 05/22 10:56 AM
NOTATION ORDER: The Undersigned, having vacated the Report and Recommendation (doc. 15), DENIES the Commissioner's motion for extension of time to file an objection (doc. 16) as MOOT. IT IS SO ORDERED. Signed by Magistrate Judge Michael J. Newman on 5/22/2019. (tg) |
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1
pgs
order
Order ~Util - Terminate Motions Set Motion and R&R Deadlines/Hearings
Wed 05/22 10:34 AM
ORDER - This Social Security Benefits appeal is before the Court on the Commissioners motion for extension of time to file objections. Doc.16 . On April 23, 2019, Plaintiff moved for Attorneys Fees pursuant to 42 U.S.C. § 406(b) in the amount of $15,513.25, (doc.14 ), and on May 8, 2019, the Court issued a Report and Recommendation that Plaintiffs motion be granted. Doc. 15. Per Local Rule 7.2(a)(2), the Commissioners response to Plaintiffs motion for attorneys fees was not due until May 14, 2019. Therefore, the Report and Recommendation (doc. 15) is hereby VACATED. The Commissioner shall file a response to Plaintiffs motion for attorneys fees on or before June 5, 2019. Signed by Magistrate Judge Michael J. Newman on 5/22/19. (kma) |
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| Tuesday, May 21, 2019 | ||
| 16 | 16
motion
Extension of Time
Tue 05/21 5:33 PM
MOTION for Extension of Time New date requested 6/5/2019. by Defendant Commissioner of Social Security. (Ochoa, Susana) |
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| Wednesday, May 08, 2019 | ||
| 15 | 15
motion
Report and Recommendations
Wed 05/08 2:49 PM
REPORT AND RECOMMENDATION1 THAT: (1) THE UNOPPOSED MOTION BY PLAINTIFFS COUNSEL FOR AN ATTORNEYS FEE AWARD (DOC.14 ) BE GRANTED; (2) FEES, PURSUANT TO 42 U.S.C. § 406(b), IN THE AMOUNT OF $15,513.25 BE AWARDED; AND (3) THIS CASE REMAIN TERMINATED ON THE COURTS DOCKET. Objections to R&R due by 5/22/2019. Signed by Magistrate Judge Michael J. Newman on 5/8/19. (kma) |
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| Tuesday, April 23, 2019 | ||
| 14 | 14
motion
Attorney Fees
Tue 04/23 11:58 AM
MOTION for Attorney Fees by Plaintiff Earnest Underwood, II. (Donoff, Marilyn) |
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Att: 1
Affidavit Affidavit,
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Att: 2
Court Time,
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Att: 3
Exhibit Exhibit A,
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Att: 4
Exhibit Exhibit B,
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Att: 5
Exhibit Exhibit C,
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Att: 6
Exhibit Exhibit D,
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Att: 7
Exhibit Exhibit E
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| Friday, June 23, 2017 | ||
| 13 | 13
order
Judgment - Clerk
Fri 06/23 3:22 PM
CLERK'S JUDGMENT. Signed on 6/23/2017. (srb) |
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| 12 | 12
order
Order on Motion to Remand
Fri 06/23 3:14 PM
ORDER AND ENTRY: (1) GRANTING THE PARTIES' JOINT MOTION TO REMAND TO THE COMMISSIONER (DOC.11 ); (2) REMANDING THIS CASE UNER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS; AND (3) TERMINATING THIS CSE ON THE COURT'S DOCKET - This Social Security disability benefits appeal is presently before the Court on the parties' joint motion to remand this case to the Commissioner for further administrative proceedings pursuant to the Fourth Sentence of 42 U.S.C. § 405(g). Doc.11 . Based upon the agreement of the parties, and for good cause shown, the ALJ's non-disability finding is REVERSED as unsupported by substantial evidence and the parties' joint motion for a Sentence Four remand (doc.11 ) is GRANTED. This case is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for further proceedings. The Clerk is ORDERED to enter judgment in favor of Plaintiff and to TERMINATE this case on the Court's docket. IT IS SO ORDERED. Signed by Judge Walter H. Rice on 6/23/2017. (srb) |
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| Thursday, June 22, 2017 | ||
| 11 | 11
motion
Remand
Thu 06/22 6:14 PM
Joint MOTION to Remand to the Commissioner by Defendant Commissioner of Social Security. (Ochoa, Susana) |
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| 10 | 10
notice
Notice of Appearance
Thu 06/22 6:12 PM
NOTICE of Appearance by Susana Ochoa for Defendant Commissioner of Social Security (Ochoa, Susana) |
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| Thursday, May 11, 2017 | ||
| 9 | 9
misc
Statement of Specific Errors
Thu 05/11 4:00 PM
STATEMENT OF SPECIFIC ERRORS by Plaintiff Earnest Underwood, II Opposition to Statement of Errors due by 6/26/2017. (Donoff, Marilyn) |
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| Tuesday, April 04, 2017 | ||
| 8 | 8
order
Order
Tue 04/04 4:42 PM
NOTATION ORDER: The parties are ORDERED to comply with the provisions set forth in the Seventh Amended Magistrate Judge's General Order No. 11 (effective 4/26/16). General Order No. 11 can be found at http://www.ohsd.uscourts.gov/content/general-orders-ohio-southern-district. Specifically, the parties are directed to paragraph 2 that requires citations to the PageID in the administrative record. Further, prior to filing a memorandum in opposition, the Commissioner shall determine whether remand is appropriate and, if so, shall file a motion for remand in lieu of a memorandum in opposition. IT IS SO ORDERED. Signed by Magistrate Judge Michael J. Newman on 4/4/2017. (cg) |
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| Friday, March 31, 2017 | ||
| 7 | 7
misc
Certified Administrative Record - SSA Cases Only
Fri 03/31 10:10 AM
First CERTIFIED ADMINISTRATIVE RECORD filed by Defendant Statement of Errors due by 5/15/2017. (Stark, John) |
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| Friday, March 10, 2017 | ||
| 6 | 6
notice
Notice of Appearance
Fri 03/10 11:23 AM
NOTICE of Appearance by Ameenah Lewis for Defendant Commissioner of Social Security (Lewis, Ameenah) |
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| Monday, March 06, 2017 | ||
| 5 | 5
service
Summons Returned Executed as to USA
Mon 03/06 1:20 PM
SUMMONS Returned Executed as to Defendant Commissioner of Social Security. Commissioner of Social Security served on 2/2/2017, answer due 4/3/2017. (pb) |
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| Thursday, January 19, 2017 | ||
| 4 | 4
service
Summons Issued as to USA
Thu 01/19 8:29 AM
Summons Issued as to Commissioner of Social Security, U.S. Attorney, U.S. Attorney General, and Office of General Counsel. (kma) |
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| 3 | 3
cmp
Complaint
Thu 01/19 8:28 AM
COMPLAINT against Commissioner of Social Security, filed by Earnest Underwood, II. (kma) |
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| 2 | 2
order
Order on Motion for Leave to Proceed In Forma Pauperis
Thu 01/19 8:04 AM
NOTATION ORDER GRANTING1 PLAINTIFF'S Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Michael J. Newman on 1/19/2017. (dm) |
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| Wednesday, January 18, 2017 | ||
| 1 | 1
motion
Proceed In Forma Pauperis
Wed 01/18 4:23 PM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Earnest Underwood, II. (Donoff, Marilyn) |
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Att: 1
Complaint,
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Att: 2
Civil Cover Sheet Civil Cover Sheet,
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Att: 3
Summons Form Summons Form
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