SIPES v. COLVIN
| North Carolina Middle District Court | |
| Judge: | N C Tilley, Jr |
| Referred: | Joi Elizabeth Peake |
| Case #: | 1:16-cv-01071 |
| Nature of Suit | 863 Social Security - DIWC/DIWW (405(g)) |
| Cause | 42:405 Review of HHS Decision (DIWC) |
| Case Filed: | Aug 22, 2016 |
| Terminated: | Oct 10, 2018 |
Defendant
NANCY A. BERRYHILL
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Interested Party
SOCIAL SECURITY ADMINISTRATION
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Plaintiff
EDITH A. SIPES
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GPO
Sep 05 2018
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/5/2018; that the Commissioner's decision finding no disability be REVERSED, and that the matter be REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g). The Commissioner should be directed to remand the matter to the ALJ for proceedings consistent with this Recommendation. To this extent, Defendant's Motion for Judgment on the Pleadings [Doc. #13] should be DENIED, and Plaintiff's Motion for Judgment Reversing the Commissioner [Doc. #10] should be GRANTED. However, to the extent that Plaintiffs motion seeks an immediate award of benefits, it should be DENIED. (Sheets, Jamie) |
| Docket last updated: 6 hours ago |
| Monday, July 08, 2019 | ||
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2
pgs
order
Order on Motion for Attorney Fees
Mon 07/08 11:57 AM
ORDER signed by JUDGE N. C. TILLEY, JR on 7/8/2019; that the Plaintiff's Motion [Doc. #18 ] for Fees Under the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A) is GRANTED as set out herein. (Sheets, Jamie) |
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| Tuesday, January 08, 2019 | ||
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utility
Motions Submitted
Tue 01/08 12:04 PM
Motions Submitted:18 Consent MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A) to JUDGE N. C. TILLEY, JR. (Winchester, Robin) |
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| Monday, January 07, 2019 | ||
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respm
Memorandum
Mon 01/07 11:57 AM
MEMORANDUM filed by Plaintiff EDITH A. SIPES re18 Consent MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A) filed by EDITH A. SIPES. (PIEMONTE, GEORGE) |
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motion
Attorney Fees
Mon 01/07 11:56 AM
Consent MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A) by EDITH A. SIPES. Response to Motion due by 1/28/2019(PIEMONTE, GEORGE) |
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Att: 1
Assignment,
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Att: 2
Hours in Court,
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Att: 3
Text of Proposed Order
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| Wednesday, October 10, 2018 | ||
| 17 | 17
order
Judgment in SSA Case
Wed 10/10 4:44 PM
JUDGMENT signed by JUDGE N. C. TILLEY, JR on 10/10/2018 adopting the Magistrate Judge's Recommendation [Doc. #15 ]; that the Commissioner's decision finding no disability is REVERSED, and that the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g). The Commissioner is directed to remand the matter to the ALJ for proceedings consistent with the Recommendation. To this extent, Defendant's Motion for Judgment on the Pleadings [Doc. #13 ] is DENIED, and Plaintiff's Motion for Judgment Reversing the Commissioner [Doc. #10 ] is GRANTED. However, to the extent that Plaintiff is seeking an immediate award of benefits, the motion is DENIED. (Sheets, Jamie) |
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| Tuesday, September 25, 2018 | ||
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utility
Case Referred to Judge
Tue 09/25 8:51 AM
CASE REFERRED RE:15 RECOMMENDED RULING - MAGISTRATE JUDGE to JUDGE N. C. TILLEY, JR. (Winchester, Robin) |
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| Wednesday, September 05, 2018 | ||
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notice
Notice of Mailing Recommendation
Wed 09/05 10:34 AM
Notice of Mailing Recommendation: Objections to R&R due by 9/19/2018. Objections to R&R for Pro Se due by 9/24/2018. (Sheets, Jamie) |
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motion
Recommended Ruling - Magistrate Judge
Wed 09/05 10:31 AM
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/5/2018; that the Commissioner's decision finding no disability be REVERSED, and that the matter be REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g). The Commissioner should be directed to remand the matter to the ALJ for proceedings consistent with this Recommendation. To this extent, Defendant's Motion for Judgment on the Pleadings [Doc. #13 ] should be DENIED, and Plaintiff's Motion for Judgment Reversing the Commissioner [Doc. #10 ] should be GRANTED. However, to the extent that Plaintiffs motion seeks an immediate award of benefits, it should be DENIED. (Sheets, Jamie) |
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| Thursday, April 06, 2017 | ||
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utility
Motions Referred
Thu 04/06 10:48 AM
Motions Referred: RE:13 MOTION for Judgment on the Pleadings ,10 MOTION for Judgment Reversing the Commissioner of Social Security or Remanding the Cause for a Rehearing , to MAG/JUDGE JOI ELIZABETH PEAKE (Winchester, Robin) |
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| Monday, April 03, 2017 | ||
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respm
Brief
Mon 04/03 1:33 PM
BRIEF re13 MOTION for Judgment on the Pleadings by Defendant NANCY A. BERRYHILL filed by NANCY A. BERRYHILL. (SOMERS, DAVID) |
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motion
Judgment on the Pleadings
Mon 04/03 1:33 PM
MOTION for Judgment on the Pleadings by NANCY A. BERRYHILL. Response to Motion due by 4/24/2017 (SOMERS, DAVID) |
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| Friday, March 17, 2017 | ||
| 12 | 12
motion
Extension of Time to Brief in SSA
Fri 03/17 11:05 AM
First MOTION for Extension of Time to File Motion and Brief in SSA for CAROLYN W. COLVIN by CAROLYN W. COLVIN.(SOMERS, DAVID) |
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Att: 1
Text of Proposed Order
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order
Order on Motion for Extension of Time To File Brief in SSA
Fri 03/17 11:21 AM
ORDER granting12 Motion for Extension of Time for CAROLYN W. COLVIN to File Motion and Brief in SSA. Motion due by 4/3/2017. Signed by John Brubaker, Clerk of Court, on 03/17/17. (Brubaker, John) |
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| Thursday, January 19, 2017 | ||
| 11 | 11
respm
Memorandum
Thu 01/19 10:25 AM
MEMORANDUM filed by Plaintiff EDITH A. SIPES re10 MOTION for Judgment Reversing the Commissioner of Social Security or Remanding the Cause for a Rehearing filed by EDITH A. SIPES.(PIEMONTE, GEORGE) |
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Att: 1
Fox v. Colvin,
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Att: 2
Brown v. Colvin
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motion
Judgment Reversing the Commissioner
Thu 01/19 10:23 AM
MOTION for Judgment Reversing the Commissioner of Social Security or Remanding the Cause for a Rehearing by EDITH A. SIPES. Response to Motion due by 3/20/2017 (PIEMONTE, GEORGE) |
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| Monday, December 05, 2016 | ||
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notice
Notice to Parties in Social Security Case
Mon 12/05 10:21 AM
NOTICE to Parties in Social Security Case: Plaintiff's Dispositive Motions due by 1/19/2017. Defendant's Dispositive Motions due by 3/20/2017. (Sheets, Jamie) |
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| Friday, December 02, 2016 | ||
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misc
SEALED Administrative Record in SSA Cases
Fri 12/02 8:39 AM
SEALED ADMINISTRATIVE RECORD IN SSA CASES filed by Defendant CAROLYN W. COLVIN, Plaintiff EDITH A. SIPES, Interested Party SOCIAL SECURITY ADMINISTRATION. The record is available in paper format at the Clerk's Office.(SOMERS, DAVID) |
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Att: 1
Part 2,
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Att: 2
Part 3,
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Att: 3
Part 4,
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Att: 4
Part 5,
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Att: 5
Part 6,
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Att: 6
Part 7,
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Att: 7
Part 8,
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Att: 8
Part 9,
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Att: 9
Part 10,
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Att: 10
Part 11,
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Att: 11
Part 12
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answer
Answer to Complaint
Fri 12/02 8:32 AM
ANSWER to1 Complaint by CAROLYN W. COLVIN. (SOMERS, DAVID) |
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| Tuesday, October 25, 2016 | ||
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service
Affidavit of Service on Government
Tue 10/25 8:34 AM
AFFIDAVIT OF SERVICE ON GOVERNMENT on Certified Mail as to CAROLYN W. COLVIN served on 10/3/2016, answer due 12/2/2016. on Certified Mail as to CAROLYN W. COLVIN (PIEMONTE, GEORGE) |
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| Tuesday, September 20, 2016 | ||
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notice
Notice of Right to Consent
Tue 09/20 2:43 PM
Notice of Right to Consent. Counsel shall serve the attached form on all parties.(Coyne, Michelle) |
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Att: 1
consent form
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| 4 | 4
service
Summons Issued as to USA
Tue 09/20 2:43 PM
Summons Issued as to CAROLYN W. COLVIN, U.S. Attorney and U.S. Attorney General. (Coyne, Michelle) |
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order
Order on Motion for Leave to Proceed In Forma Pauperis
Tue 09/20 2:39 PM
ORDER signed by Magistrate Judge Joi Elizabeth Peake on 09/20/2016 GRANTING 2 Motion for Leave to Proceed in forma pauperis. Plaintiff is permitted to proceed in this action in forma pauperis pursuant to 28 U.S.C. § 1915(a). Plaintiff is responsible for preparing and serving the Complaint and Summons upon the Defendant. (Coyne, Michelle) |
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| Tuesday, August 23, 2016 | ||
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utility
Case Assigned
Tue 08/23 1:43 PM
Case ASSIGNED to JUDGE N. C. TILLEY, JR and MAGISTRATE JUDGE JOI ELIZABETH PEAKE. Set flag for Magistrate Judge Joi Elizabeth Peake. (Coyne, Michelle) |
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utility
Motions Referred
Tue 08/23 1:50 PM
Motion Referred to Magistrate Judge Joi Elizabeth Peake RE:2 MOTION for Leave to Proceed In Forma Pauperis. (Coyne, Michelle) |
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| Monday, August 22, 2016 | ||
| 2 | 2
motion
Proceed In Forma Pauperis
Mon 08/22 5:11 PM
MOTION for Leave to Proceed In Forma Pauperis by EDITH A. SIPES. (PIEMONTE, GEORGE) |
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cmp
Complaint
Mon 08/22 5:10 PM
COMPLAINT against CAROLYN W. COLVIN, filed by EDITH A. SIPES.(PIEMONTE, GEORGE) |
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