Malone v. Commissioner of Social Security
| Ohio Southern District Court | |
| Judge: | Michael J Newman |
| Referred: | Peter B Silvain, Jr |
| Case #: | 3:21-cv-00017 |
| Nature of Suit | 863 Social Security - DIWC/DIWW (405(g)) |
| Cause | 42:405 Review of HHS Decision (DIWW) |
| Case Filed: | Jan 12, 2021 |
| Terminated: | Jul 22, 2021 |
Defendant
Party Name in Social Security Case - Unavailable
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Plaintiff
Party Name in Social Security Case - Unavailable
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GPO
Jul 22 2021
ORDER: (1) GRANTING THE PARTIES' JOINT MOTION FOR REMAND (DOC. NO. 9); (2) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS; (3) ORDERING THE ENTRY OF JUDGMENT IN PLAINTIFF'S FAVOR; AND (4) TERMINATING THIS CASE ON THE COURT'S DOCKET. Signed by Judge Michael J. Newman on 07/22/2021. (bjr) |
| Docket last updated: 09/23/2026 11:59 PM EDT |
| Tuesday, October 26, 2021 | ||
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pgs
order
Order
Tue 10/26 2:31 PM
ORDER: (1) GRANTING THE PARTIES' JOINT MOTION FOR AN AWARD OF ATTORNEY'S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA) (DOC. NO.14 ); AND (2) AWARDING PLAINTIFF $1,296.49 IN EAJA FEES - Counsel for the parties shall verify whether Plaintiff owes a preexisting debt to the United States subject to offset consistent with Astrue v. Ratliff, 560 U.S. 586 (2010). If no such pre-existing debt exists, Defendant shall pay the EAJA award directly to Plaintiff's counsel pursuant to the EAJA assignment signed by Plaintiff and counsel. No further matters require review in this case; accordingly, it remains TERMINATED upon the Courts docket. Signed by Judge Michael J. Newman on 10/26/2021. (bjr) |
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| Monday, October 25, 2021 | ||
| 14 | 14
motion
Attorney Fees
Mon 10/25 11:48 AM
Joint MOTION for Attorney Fees by Defendant Commissioner of Social Security. (Baltz, Shefali) |
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Att: 1
Exhibit Time Sheet,
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Att: 2
Text of Proposed Order
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| Wednesday, October 20, 2021 | ||
| 13 | 13
respm
Affidavit in Support of Motion
Wed 10/20 3:23 PM
AFFIDAVIT in Support re12 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Plaintiff Nickole Malone. (Brian, Richard) |
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Att: 1
Exhibit A- CPI Table,
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Att: 2
Exhibit B- The Economics of Law Practice in Ohio in 2013,
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Att: 3
Exhibit C- 2015 National Utilization and Compensation Survey Report published by the National Association of Legal Assistants (NALA),
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Att: 4
Exhibit D- Coss v. Commissioner,
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Att: 5
Exhibit E- Zupp v. Commissioner,
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Att: 6
Exhibit F- All Professional Time,
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Att: 7
Exhibit G- Attorney Time,
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Att: 8
Exhibit H- Paralegal Time,
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Att: 9
Exhibit I- Affirmation and Waiver of Direct Payment of EAJA Fees,
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Att: 10
Memorandum in Support,
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Att: 11
Certificate of Service
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| 12 | 12
motion
Attorney Fees
Wed 10/20 3:18 PM
MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 by Plaintiff Nickole Malone. (Brian, Richard) |
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| Thursday, July 22, 2021 | ||
| 11 | 11
order
Judgment - Clerk
Thu 07/22 4:27 PM
CLERK'S JUDGMENT Signed on 07/22/2021. (bjr) |
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2
pgs
order
Order on Motion to Remand to Agency
Thu 07/22 4:18 PM
ORDER: (1) GRANTING THE PARTIES' JOINT MOTION FOR REMAND (DOC. NO.9 ); (2) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS; (3) ORDERING THE ENTRY OF JUDGMENT IN PLAINTIFF'S FAVOR; AND (4) TERMINATING THIS CASE ON THE COURT'S DOCKET. Signed by Judge Michael J. Newman on 07/22/2021. (bjr) |
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| Tuesday, July 20, 2021 | ||
| 9 | 9
motion
Remand to Agency
Tue 07/20 4:13 PM
Joint MOTION to Remand to Social Security Administration by Defendant Commissioner of Social Security. (Baltz, Shefali) |
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| Thursday, July 01, 2021 | ||
| 8 | 8
misc
Certified Administrative Record - SSA Cases Only
Thu 07/01 3:00 PM
First CERTIFIED ADMINISTRATIVE RECORD filed by Defendant Statement of Errors due by 8/16/2021. (Stark, John) |
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Att: 1
court transcript index,
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Att: 2
documents related to administrative record,
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Att: 3
payment documents and decisions,
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Att: 4
jurisdictional documents and notice,
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Att: 5
non disability related development,
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Att: 6
disability related development,
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Att: 7
medical records part 1,
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Att: 8
medical records part 2,
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Att: 9
medical records part 3,
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Att: 10
medical records part 4,
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Att: 11
medical records part 5,
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Att: 12
Medical Records part 6,
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Att: 13
medical records part 7,
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Att: 14
Medical records part 8,
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Att: 15
medical records part 9
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| Monday, May 10, 2021 | ||
| 7 | 7
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pgs
order
Order Reassigning Case
Mon 05/10 8:11 AM
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Peter B. Silvain, Jr for all further proceedings. Magistrate Judge Sharon L. Ovington no longer assigned to case. Signed by Chief Judge Algenon L. Marbley on 5/7/21. (jcw) |
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| Wednesday, May 05, 2021 | ||
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order
Order on Motion for Extension of Time to Answer
Wed 05/05 9:12 AM
NOTATION ORDER granting6 Commissioner's Unopposed Motion for Extension of Time to File Answer. Commissioner's answer due 7/13/21. Signed by Magistrate Judge Sharon L. Ovington on 5-5-21. (zcc) |
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| Tuesday, May 04, 2021 | ||
| 6 | 6
motion
Extension of Time to File Answer
Tue 05/04 12:43 PM
Unopposed MOTION for Extension of Time to File Answer New date requested 7/13/2021. by Defendant Commissioner of Social Security. (Baltz, Shefali) |
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Att: 1
Exhibit DECLARATION OF JEBBY RASPUTNIS
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| Friday, March 12, 2021 | ||
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order
Order on Motion for Extension of Time to Answer
Fri 03/12 9:00 AM
NOTATION ORDER granting5 Commissioner's Unopposed Motion for Extension of Time to File Answer. Commissioner's answer due 5/14/21. Signed by Magistrate Judge Sharon L. Ovington on 3-12-21. (zcc) |
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| Thursday, March 11, 2021 | ||
| 5 | 5
motion
Extension of Time to File Answer
Thu 03/11 4:59 PM
First MOTION for Extension of Time to File Answer New date requested 5/14/2021. by Defendant Commissioner of Social Security. (Baltz, Shefali) |
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Att: 1
Exhibit
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| Thursday, January 28, 2021 | ||
| 4 | 4
notice
Notice of Appearance
Thu 01/28 6:37 PM
NOTICE of Appearance by Shefali Baltz for Defendant Commissioner of Social Security (Baltz, Shefali) |
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| Wednesday, January 13, 2021 | ||
| 3 | 3
cmp
Complaint
Wed 01/13 10:07 AM
COMPLAINT against Commissioner of Social Security, filed by Nickole Malone. (kma) (kma). Regenerated on 1/13/2021 because Exhibit A was attached. (kma) |
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Att: 1
(1/13/2021) Exhibit A
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order
Order on Motion for Leave to Proceed In Forma Pauperis
Wed 01/13 9:27 AM
NOTATION ORDER granting1 Plaintiff's Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Sharon L. Ovington on 1-13-21. (mcm) |
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utility
Set/Reset Deadlines
Wed 01/13 10:11 AM
Set/Reset Deadlines: Commissioner of Social Security answer due 3/15/2021. (kma) |
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| Tuesday, January 12, 2021 | ||
| 1 | 1
motion
Proceed In Forma Pauperis
Tue 01/12 4:28 PM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Nickole Malone. (Brian, Richard) |
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Att: 1
Complaint,
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Att: 2
Exhibit A: Notice of Appeals Council Action,
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Att: 3
Civil Cover Sheet
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