Lewis v. Commissioner of Social Security Administration3:2017-cv-08126 (azd)
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Filing fee paid, receipt number 0970-14406467. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-17-08126-PCT-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.
Remark: Pro hac vice motion granted for Edward Wicklund on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
SCHEDULING ORDER: Within sixty (60) days after the answer is filed, Plaintiff must file an opening brief. (See Order for details.) Signed by Judge Douglas L Rayes on 7/11/2017.
SERVICE EXECUTED filed by Teresa E Lewis: Return of Service re: Summons, Complaint and Scheduling Order upon US Attorney's Office, Office of General Counsel, Attorney General on 7/24/2017.
NOTICE OF ATTORNEY APPEARANCE: Kathryn A. Miller appearing for Commissioner of Social Security Administration.
ANSWER to  Complaint by Commissioner of Social Security Administration.
OPENING BRIEF by Teresa E Lewis.
DECLARATION of Kathryn A. Miller re:  First MOTION for Extension of Time to File Responsive Brief, Unopposed by Defendant Commissioner of Social Security Administration.
ORDER granting  Motion for Extension of Time. Defendant's to file a Responsive Brief no later than 1/18/2018. Signed by Judge Douglas L Rayes on 12/19/2017.
DECLARATION of Kathryn A. Miller re:  Second MOTION for Extension of Time to File Responsive Brief, Unopposed by Defendant Commissioner of Social Security Administration.
ORDER granting  Motion for Extension of Time. The deadline for Defendant to file their Responsive Brief is extended through and including 2/1/2018. Signed by Judge Douglas L Rayes on 1/18/2018.
ORDER: IT IS ORDERED that the Commissioner's final decision be reversed and remanded for further proceedings pursuant to sentence four of 42 U.S.C. §405 (g). Upon remand to the Commissioner of Social Security, the Appeals Council will instruct the Administrative Law Judge (ALJ) to: (1) reassess the severity of Plaintiff's impairments, singly and in combination, at step two of the sequential evaluation, with the assistance of a medical expert, if necessary; (2) reevaluate the medical and other source opinions, specifically, the opinions of Dr. Feldman, Dr. Kravetz, and nurse practitioner, Lea Way; and, (3) offer Plaintiff the opportunity for a hearing. This case is reversed and remanded to the ALJ on the above grounds pursuant to sentence four of 42 U.S.C. § 405(g). Upon proper presentation, this Court will consider Plaintiffs application for costs and attorney's fees under 28 U.S.C. § 2412 (d). Signed by Judge Douglas L Rayes on 1/26/2018.
CLERK'S JUDGMENT - Pursuant to the Court's Order filed January 26, 2018, the decision of the Commissioner of Social Security is reversed, and this case is remanded to the Social Security Administration for further proceedings consistent with the Order.
RESPONSE to Motion re:  First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Commissioner of Social Security Administration.
Order on Motion for Attorney Fees
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