Carson v. Berryhill
| Texas Northern District Court | |
| Judge: | David L Horan |
| Referred: | David L Horan |
| Case #: | 3:17-cv-00477 |
| Nature of Suit | 863 Social Security - DIWC/DIWW (405(g)) |
| Cause | 42:405 Review of HHS Decision (DIWC) |
| Case Filed: | Feb 20, 2017 |
| Terminated: | Aug 30, 2018 |
Defendant
Nancy A Berryhill
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Interested Party
Social Security Administration - Interested Party
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Plaintiff
Kimberly Cherri Carson
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GPO
Aug 30 2018
rd) MEMORANDUM OPINION AND ORDER: The hearing decision is reversed, and this case is remanded to the Commissioner of Social Security for further proceedings consistent with this opinion. (Ordered by Magistrate Judge David L. Horan on 8/30/2018) (mc |
| Docket last updated: 29 minutes ago |
| Tuesday, April 06, 2021 | ||
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7
pgs
order
Order on Motion for Attorney Fees
Tue 04/06 4:05 PM
ORDER: The Court GRANTS Plaintiff's counsel David F Chermol's second Motion for Attorney Fees Pursuant to 28 U.S.C. § 406(b) [Dkt. No.23 ] and AWARDS Mr. Chermol $14,536.24 in attorneys' fees to be certified for payment out of Plaintiff Kimberly C. C.'s auxiliary beneficiaries' past-due benefits under 42 U.S.C. § 406(b). (Ordered by Magistrate Judge David L. Horan on 4/6/2021) (mcrd) |
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| Sunday, February 28, 2021 | ||
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motion
Attorney Fees
Sun 02/28 5:03 PM
MOTION for Attorney Fees 406(b) filed by Kimberly Cherri Carson with Brief/Memorandum in Support. (Chermol, David) |
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Att: 1
Exhibit(s) A - Notices of Award,
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Att: 2
Exhibit(s) B - Fee Agreement,
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Att: 3
Exhibit(s) C - Statement of Attorney Time Expended,
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Att: 4
Proposed Order
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| Thursday, August 27, 2020 | ||
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7
pgs
order
Order on Motion for Attorney Fees
Fri 08/28 8:31 AM
ORDER granting21 Motion for Attorney Fees. The Court AWARDS Mr. Chermol $30,403.50 in attorneys fees to be certified for payment out of Plaintiff Kimberly C. C.s past-due benefits under 42 U.S.C. § 406(b) and ORDERS Mr. Chermol to refund the EAJA fees in the amount of $7,030.00 directly to Plaintiff Kimberly C. C. (Ordered by Magistrate Judge David L. Horan on 8/27/2020) (oyh) |
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| Saturday, August 01, 2020 | ||
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motion
Attorney Fees
Sat 08/01 2:05 PM
MOTION for Attorney Fees 406(b) filed by Kimberly Cherri Carson with Brief/Memorandum in Support. (Chermol, David) |
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Att: 1
Exhibit(s) A - Notice of Award,
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Att: 2
Exhibit(s) B - Fee Agreement,
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Att: 3
Exhibit(s) C - Statement of Attorney Time Expended,
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Att: 4
Proposed Order
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| Thursday, September 27, 2018 | ||
| 20 | 20
1
pgs
order
Order on Motion for Attorney Fees
Thu 09/27 9:06 AM
ORDER granting19 Motion for Attorney Fees. (Ordered by Magistrate Judge David L. Horan on 9/27/2018) |
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| Tuesday, September 25, 2018 | ||
| 19 | 19
motion
Attorney Fees
Tue 09/25 7:23 PM
Unopposed MOTION for Attorney Fees (EAJA) filed by Kimberly Cherri Carson (Chermol, David) |
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Att: 1
Statement of Attorney Time Expended,
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Att: 2
Proposed Order
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| Thursday, August 30, 2018 | ||
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2
pgs
order
Order Setting Deadline/Hearing
Thu 08/30 4:53 PM
ORDER: By separate order and judgment filed today, the Court has reversed and remanded this social security case for further administrative proceedings. Plaintiff is therefore entitled to reasonable attorneys' fees and expenses under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, et seq. This order will govern any fee application filed by Plaintiff. (Ordered by Magistrate Judge David L. Horan on 8/30/2018) (mcrd) |
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| 17 | 17
order
Judgment
Thu 08/30 4:51 PM
JUDGMENT: The case is hereby remanded to the Commissioner for further administrative proceedings consistent with the opinion. (Ordered by Magistrate Judge David L. Horan on 8/30/2018) (mcrd) |
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| 16 | 16
9
pgs
order
Memorandum Opinion and Order
Thu 08/30 4:50 PM
MEMORANDUM OPINION AND ORDER: The hearing decision is reversed, and this case is remanded to the Commissioner of Social Security for further proceedings consistent with this opinion. (Ordered by Magistrate Judge David L. Horan on 8/30/2018) (mcrd) |
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| Monday, December 04, 2017 | ||
| 15 | 15
respm
Reply
Mon 12/04 7:17 PM
REPLY filed by Kimberly Cherri Carson re:10 Order, (Chermol, David) |
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| Thursday, November 02, 2017 | ||
| 14 | 14
respm
Brief/Memorandum In Support
Thu 11/02 1:43 PM
Brief/Memorandum in Support filed by Nancy A Berryhill re13 Brief/Memorandum in Support of Motion (Simonson, Keith) |
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| Monday, September 18, 2017 | ||
| 13 | 13
respm
Brief/Memorandum In Support
Mon 09/18 5:21 PM
Brief/Memorandum in Support filed by Kimberly Cherri Carson re10 Order, (Plaintiff's Opening Brief) (Chermol, David) |
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| Monday, July 24, 2017 | ||
| 12 | 12
order
Consent to Proceed Before Magistrate Judge/Order Reassigning Case
Mon 07/24 1:13 PM
CONSENT to Proceed Before a U.S. Magistrate Judge by all parties and Order Reassigning Case. Case reassigned to Magistrate Judge David L. Horan for all further proceedings. Senior Judge A. Joe Fish and Magistrate Judge David L. Horan no longer assigned to case. (Ordered by Senior Judge A. Joe Fish on 7/24/2017) (epm) |
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| Friday, July 21, 2017 | ||
| 11 | 11
notice
Notice (Other)
Fri 07/21 1:35 PM
Notice of parties' consents to proceed before the magistrate judge filed by Kimberly Cherri Carson, Nancy A Berryhill. (ctf) |
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| Wednesday, July 19, 2017 | ||
| 10 | 10
order
Order
Thu 07/20 9:39 AM
ORDER DIRECTING FILING OF BRIEFS: Plaintiff shall serve and file a brief setting forth all errors that Plaintiff contends entitle Plaintiff to relief by 9/18/2017. Defendant shall serve and file a brief that responds specifically to each issue that Plaintiff raises 11/2/2017. (Ordered by Magistrate Judge David L. Horan on 7/19/2017) (axm) |
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| 9 | 9
order
Notice of Magistrate Judge Availability or Consent
Thu 07/20 9:37 AM
Notice of Option to Consent to Proceed Before the Magistrate Judge. The parties are required to complete and return the enclosed form to the clerk 8/22/2017. (Ordered by Magistrate Judge David L. Horan on 7/19/2017) (axm) |
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misc
Administrative Record
Wed 07/19 9:12 AM
Administrative Record consisting of Social Security record filed by Nancy A Berryhill. (Simonson, Keith) |
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Att: 1
Additional Page(s),
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Att: 2
Additional Page(s),
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Att: 3
Additional Page(s),
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Att: 4
Additional Page(s),
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Att: 5
Additional Page(s),
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Att: 6
Additional Page(s),
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Att: 7
Additional Page(s),
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Att: 8
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Att: 9
Additional Page(s),
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Att: 10
Additional Page(s),
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Att: 11
Additional Page(s),
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Att: 12
Additional Page(s),
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Att: 13
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Att: 14
Additional Page(s),
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Att: 15
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Att: 16
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Att: 17
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Att: 18
Additional Page(s),
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Att: 19
Additional Page(s),
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Att: 20
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Att: 21
Additional Page(s),
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Att: 22
Additional Page(s),
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Att: 23
Additional Page(s),
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Att: 24
Additional Page(s)
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misc
Certificate Of Interested Persons/Disclosure Statement
Wed 07/19 8:47 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nancy A Berryhill. (Simonson, Keith) |
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answer
Answer to Complaint
Wed 07/19 8:46 AM
ANSWER to1 Complaint, filed by Nancy A Berryhill. 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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Keith D Simonson added to party Nancy A Berryhill(pty:dft) (Simonson, Keith) |
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| Friday, May 26, 2017 | ||
| 5 | 5
service
Summons Returned
Fri 05/26 7:30 PM
SUMMONS Returned Executed as to Nancy A Berryhill ; served on 5/23/2017. (Chermol, David) |
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Att: 1
Summons Executed on Office of Regional Chief Counsel, Region VI, SSA,
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Att: 2
Summons Executed on Attorney General of USA, DOJ
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| Wednesday, February 22, 2017 | ||
| 4 | 4
order
Order on Motion for Miscellaneous Relief
Wed 02/22 11:17 AM
ELECTRONIC ORDER: David F. Chermol, an attorney with the Philadelphia law firm of Chermol & Fishman LLC, has requested a waiver of the requirement to obtain local counsel. See Dkt. No. 1-6 (citing N.D. TEX. L. CIV. R. 83.10(a)). The request is GRANTED. Mr. Chermol may represent Plaintiff in this case without obtaining local counsel. However, counsel will be expected to abide by all local rules and court orders and personally appear, if ordered, at all court proceedings. (Ordered by Magistrate Judge David L. Horan on 2/22/2017.) |
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| Tuesday, February 21, 2017 | ||
| 3 | 3
service
Summons Issued
Tue 02/21 3:12 PM
Summons issued as to Nancy A Berryhill, U.S. Attorney, and U.S. Attorney General. (twd) |
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| Monday, February 20, 2017 | ||
| 2 | 2
qcref
Fish
Tue 02/21 3:06 PM
New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (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 Horan). Clerk to provide copy to plaintiff if not received electronically. (twd) |
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cmp
Complaint
Mon 02/20 5:45 PM
COMPLAINT against Nancy A Berryhill filed by Kimberly Cherri Carson. (Filing fee $400; Receipt number 0539-8221333) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK: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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Chermol, David) |
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Att: 1
Cover Sheet,
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Att: 2
Proposed Summons USAG,
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Att: 3
Proposed Summons OGC,
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Att: 4
Proposed Summons USAO,
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Att: 5
Certificate of Interested Persons,
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Att: 6
Request for Leave,
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Att: 7
Proposed Order
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misc
Certificate Of Interested Persons/Disclosure Statement
Tue 02/21 3:08 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kimberly Cherri Carson. (See1 , attachment 5 for document.) (twd) |
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motion
Miscellaneous Relief
Tue 02/21 3:09 PM
MOTION to Proceed Without Local Counsel filed by Kimberly Cherri Carson (See1 , attachment 6 for document.) (twd) |
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