Brown v. Kijakazi
| North Carolina Eastern District Court | |
| Judge: | Brian S Meyers |
| Referred: | Robert B Jones, Jr |
| Case #: | 4:23-cv-00152 |
| Nature of Suit | 863 Social Security - DIWC/DIWW (405(g)) |
| Cause | 42:206 Social Security Benefits |
| Case Filed: | Sep 22, 2023 |
| Terminated: | Mar 15, 2024 |
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| Docket last updated: 7 hours ago |
| Wednesday, January 22, 2025 | ||
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order
Judgment
Wed 01/22 11:50 AM
JUDGMENT - IT IS ORDERED that Counsel for plaintiffs motion [DE-28] for approval of attorneys fees is ALLOWED in the full amount requested of $18,314.18. The Commissioner shall release to plaintiffs counsel the amount withheld from plaintiffs past-due benefits. Upon receipt of the § 406(b) fees, plaintiffs counsel shall refund to plaintiff the sum of $5,500.00 in attorneys fees representing the attorneys fees that counsel received pursuant to the EAJA. Signed by Peter A. Moore, Jr., Clerk of Court on 1/22/2025. (Horton, B.) |
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order
Order on Motion for Attorney Fees
Wed 01/22 11:41 AM
ORDER: IT IS ORDERED that Counsel for plaintiffs motion [DE-28] for approval of attorneys fees is ALLOWED in the full amount requested of $18,314.18. The Commissioner shall release to plaintiffs counsel the amount withheld from plaintiffs past-due benefits. Upon receipt of the § 406(b) fees, plaintiffs counsel shall refund to plaintiff the sum of $5,500.00 in attorneys fees representing the attorneys fees that counsel received pursuant to the EAJA. Signed by Magistrate Judge Brian S. Meyers on 1/19/2025. (Horton, B.) |
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| Tuesday, December 03, 2024 | ||
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respm
Response to Motion
Tue 12/03 7:34 AM
RESPONSE to Motion regarding28 MOTION for Attorney Fees under Section 406(b) of the Social Security Act filed by Kilolo Kijakazi. (Kernicky, Joanne) |
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Att: 1
Text of Proposed Order awarding Fees under 42 USC 406(b)
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| Thursday, November 21, 2024 | ||
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motion
Attorney Fees
Thu 11/21 3:13 PM
MOTION for Attorney Fees under Section 406(b) of the Social Security Act filed by Jennifer Brown. (Arrowood, Derrick) |
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Att: 1
Notice of Award,
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Att: 2
Time Log,
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Att: 3
Fee Contract,
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Att: 4
Text of Proposed Order
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| Thursday, June 27, 2024 | ||
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order
Judgment
Thu 06/27 3:58 PM
JUDGMENT - IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the consent motion by plaintiff [DE-23] is ALLOWED. The Commissioner shall pay $5,500.00 in attorneys fees associated with this case in full satisfaction of any and all claims arising under the EAJA. Provided that the award to plaintiff is not subject to the Treasury Offset Program (Program), payment shall be made by check payable to plaintiffs counsel, Derrick Arrowood, and mailed to counsel at the following address pursuant to plaintiffs assignment [DE-23-2] to her attorney of the right to payment of attorneys fees under the EAJA: Derrick Arrowood, Post Office Box 58129, Raleigh, NC 27658. If the award is subject to the Program, the balance shall be mailed to Attorney Arrowood at the above address and the check made payable to him if allowed by the Program. Signed by Peter A. Moore, Jr., Clerk of Court on 6/27/2024. (Horton, B.) |
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order
Order on Motion for Attorney Fees
Thu 06/27 3:47 PM
ORDER - IT IS THEREFORE ORDERED that the consent motion by plaintiff [DE-23] is ALLOWED. The Commissioner shall pay $5,500.00 in attorneys fees associated with this case in full satisfaction of any and all claims arising under the EAJA. Provided that the award to plaintiff is not subject to the Treasury Offset Program (Program), payment shall be made by check payable to plaintiffs counsel, Derrick Arrowood, and mailed to counsel at the following address pursuant to plaintiffs assignment [DE-23-2] to her attorney of the right to payment of attorneys fees under the EAJA: Derrick Arrowood, Post Office Box 58129, Raleigh, NC 27658. If the award is subject to the Program, the balance shall be mailed to Attorney Arrowood at the above address and the check made payable to him if allowed by the Program. Signed by Magistrate Judge Brian S. Meyers on 6/26/2024. (Horton, B.) |
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| Friday, June 14, 2024 | ||
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misc
Stipulation
Fri 06/14 7:27 AM
STIPULATION regarding23 Consent MOTION for Attorney Fees under the Equal Access to Justice Act by Kilolo Kijakazi (Parson, Cassia) |
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Att: 1
Text of Proposed Order
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notice
Notice of Appearance
Fri 06/14 7:25 AM
Notice of Appearance filed by Cassia W. Parson on behalf of Kilolo Kijakazi. (Parson, Cassia) |
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| Thursday, June 13, 2024 | ||
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motion
Attorney Fees
Thu 06/13 5:54 PM
Consent MOTION for Attorney Fees under the Equal Access to Justice Act filed by Jennifer Brown. Time Log, #2 B) Fee Contract, #3 C) Fee Computation, #4 Text of Proposed Order) (Arrowood, Derrick) |
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Att: 1
A
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| Friday, March 15, 2024 | ||
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order
Judgment
Fri 03/15 4:34 PM
JUDGMENT - IT IS ORDERED that the Commissioners decision is REVERSED and this case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. Signed by Peter A. Moore, Jr., Clerk of Court on 3/15/2024. (Horton, B.) |
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order
Order on Motion to Remand
Fri 03/15 4:25 PM
ORDER granting20 Motion to Remand: IT IS ORDERED that the Commissioners decision is REVERSED and this case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. The Clerk is DIRECTED to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Brian S. Meyers on 3/15/2024. (Horton, B.) |
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| Thursday, March 14, 2024 | ||
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motion
Remand
Thu 03/14 4:00 PM
Consent MOTION to Remand to Social Security Administration filed by Kilolo Kijakazi. (Kernicky, Joanne) |
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Att: 1
Text of Proposed Order for Remand Under Sentence Four
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| Thursday, March 07, 2024 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 03/07 9:23 AM
TEXT ORDER: For good cause shown, Defendant's19 First MOTION for Extension of Time to File its Motion for Judgment on the Pleadings and Supporting Memorandum is ALLOWED. Defendant shall have up to and including April 10, 2024 in which to file its Motion for Judgment on the Pleadings and Supporting Memorandum. Entered by Magistrate Judge Brian S. Meyers on 3/7/2024. (Horton, B.) |
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| Tuesday, March 05, 2024 | ||
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motion
Extension of Time to File Response/Reply
Tue 03/05 11:37 AM
First MOTION for Extension of Time to File Response/Reply as to17 Social Security Plaintiff's Brief filed by Kilolo Kijakazi. (Kernicky, Joanne) |
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Att: 1
Text of Proposed Order
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notice
Notice of Appearance
Tue 03/05 11:35 AM
Notice of Appearance filed by Joanne Kernicky on behalf of Kilolo Kijakazi. (Kernicky, Joanne) |
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| Thursday, February 08, 2024 | ||
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motion
Social Security Plaintiff Brief
Thu 02/08 1:41 PM
Social Security Plaintiff's Brief (Arrowood, Derrick) |
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| Friday, February 02, 2024 | ||
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order
Order on Motion for Extension of Time-Other
Fri 02/02 11:08 AM
ORDER granting15 Motion for Extension of Time. Signed by Magistrate Judge Brian S. Meyers on 2/2/2024. (Horton, B.) |
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| Thursday, February 01, 2024 | ||
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motion
Extension of Time-Other
Thu 02/01 6:03 PM
Consent MOTION for Extension of Time to Brief in a Social Security Case (Second) filed by Jennifer Brown. (Arrowood, Derrick) |
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Att: 1
Text of Proposed Order
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| Tuesday, January 02, 2024 | ||
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motion
Extension of Time-Other
Tue 01/02 2:18 PM
Consent MOTION for Extension of Time to Brief in a Social Security Case filed by Jennifer Brown. (Arrowood, Derrick) |
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Att: 1
Text of Proposed Order
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order
Order on Motion for Extension of Time-Other
Tue 01/02 4:27 PM
TEXT ORDER: For good cause shown, the plaintiff's14 Motion for Extension of Time to File Plaintiff's Brief in Her Social Security Case is allowed. Plaintiff shall have up to and including February 1, 2024 in which to file her Social Security Brief. Entered by Magistrate Judge Brian S. Meyers on 1/2/2024. (Horton, B.) |
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| Wednesday, December 13, 2023 | ||
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pgs
order
Order
Wed 12/13 10:07 AM
REFERENCE ORDER: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Signed by Chief U.S. District Judge Richard E. Myers II on 12/12/2023. (McNally, Kimberly) |
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order
Order Reassigning Case
Wed 12/13 10:36 AM
TEXT ORDER REASSIGNING CASE. At the direction of the Court and with the consent of the parties, this case is reassigned to United States Magistrate Judge Brian S. Meyers for all further proceedings. Chief United States District Judge Richard E. Myers II is no longer assigned to the case. All future filings should reflect the revised case number of 4:23-CV-152-BM. Signed by Peter A. Moore, Jr., Clerk of Court on 12/13/2023. (Hockaday, A.) |
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| Wednesday, December 06, 2023 | ||
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misc
Consent by Parties to Jurisdiction by US Magistrate Judge
Wed 12/06 1:33 PM
CONSENT by Parties to Jurisdiction by US Magistrate Judge by Kilolo Kijakazi. (McNulty, Cathleen) |
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| Friday, December 01, 2023 | ||
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notice
Notice-other
Fri 12/01 10:45 AM
NOTICE TO PARTIES Regarding Briefing Under Supplemental Rules and Consent to Magistrate Judge Jurisdiction. (McNally, Kimberly) |
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| Thursday, November 30, 2023 | ||
| 10 | 10
answer
Transcripts - Social Security Case
Thu 11/30 11:36 AM
Transcripts - Social Security Case (McNulty, Cathleen) |
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| 9 | 9
answer
Transcripts - Social Security Case
Thu 11/30 11:34 AM
Transcripts - Social Security Case (McNulty, Cathleen) |
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notice
Notice of Appearance
Thu 11/30 11:32 AM
Notice of Appearance filed by Cathleen C. McNulty on behalf of Kilolo Kijakazi. (McNulty, Cathleen) |
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| Thursday, October 05, 2023 | ||
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notice
Notice of Appearance
Thu 10/05 10:06 PM
Notice of Appearance filed by Wanda D. Mason on behalf of Kilolo Kijakazi. (Mason, Wanda) |
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| Monday, October 02, 2023 | ||
| 6 | 6
1
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Mon 10/02 4:05 PM
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by U.S. Magistrate Judge Robert B. Jones, Jr. on 10/2/2023. (McNally, Kimberly) |
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service
Notice of Social Security Case Service
Mon 10/02 4:07 PM
NOTICE OF SOCIAL SECURITY CASE SERVICE - This action is governed by the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g). Pursuant to Supplemental Rule 3, the Clerk has issued a Notice of Electronic Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system, notifying the appropriate office within the Social Security of the General Counsel and the United States Attorney's Office of this case and Plaintiff's complaint. No summons will issue. Defendant's deadline to serve an answer or motion under Fed. R. Civ. P. 12 is governed by Supplemental Rule 4. (McNally, Kimberly) |
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| Thursday, September 28, 2023 | ||
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utility
Motion Referred
Thu 09/28 9:14 AM
Motion Referred to US Magistrate Judge Robert B. Jones, Jr. regarding2 MOTION for Leave to Proceed in forma pauperis. (McNally, Kimberly) |
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| Wednesday, September 27, 2023 | ||
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cmp
Complaint
Wed 09/27 4:03 PM
CORRECTED COMPLAINT against Kilolo Kijakazi, filed by Jennifer Brown. (Arrowood, Derrick) Modified on 9/27/2023 to reflect that this is the corrected complaint. (Rudd, D.) |
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notice
Notice of Deficiency
Wed 09/27 1:47 PM
NOTICE OF DEFICIENCY regarding1 Complaint - The caption in the complaint contains the incorrect name. Counsel is to refile the complaint correcting the error. (Rudd, D.) |
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| Friday, September 22, 2023 | ||
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misc
Financial Disclosure Statement
Fri 09/22 3:12 PM
Financial Disclosure Statement by Jennifer Brown (Arrowood, Derrick) |
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notice
Notice of Appearance
Fri 09/22 3:11 PM
Notice of Appearance filed by Derrick Kyle Arrowood on behalf of Jennifer Brown. (Arrowood, Derrick) |
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motion
Proceed In Forma Pauperis
Fri 09/22 3:11 PM
MOTION for Leave to Proceed in forma pauperis filed by Jennifer Brown. (Arrowood, Derrick) |
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cmp
Complaint
Fri 09/22 3:10 PM
COMPLAINT against Kilolo Kijakazi, filed by Jennifer Brown. (Arrowood, Derrick) |
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Att: 1
Civil Cover Sheet
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