Sprang v. Colvin, No. 1:2016cv03460 - Document 25 (N.D. Ga. 2018)
Court Description: OPINION AND ORDER ADOPTING the 22 Final Report and Recommendation. The decision of the Commissioner is hereby REVERSED and REMANDED for further action consistent with the R&R. In the event past-due benefits are awarded, the Plaintiff's attorney may file a motion for approval of attorney's fees as outlined in the R&R. Judgment shall be entered in favor of Plaintiff. Signed by Judge Orinda D. Evans on 2/21/2018. (sap)
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Sprang v. Colvin Doc. 25 f, km IN CMAM9ER& u.s..o.c..,;. IN THE UNITED STATES DISTRIC'P COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION FEB ERIC SPRANG, , Plaintiff Ml,\.\ta I . ,' 2 1 2018 ;·i ;, ·;J .. <;,...._,..... ',l :'·;<" ' .. CIVIL ACTION FILE NO. 1:16-CV-3460-0DE-JSA v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant ORDER This civil case is before the Court on the Report Recommendation of United States Magistrate Judge Justin S. filed January 9, 2018 ( 11 R&R 11 ) [Doc. 22]. and Anand No objections have been filed. After a thorough analysis, Judge Anand recommends that the final decision of the Commissioner be reversed and remanded for further action consistent with the R&R and that judgment be entered in favor of Plaintiff. In addition, Judge Anand recommends that in the event past-due benefits are awarded to Plaintiff upon remand, Plaintiff's attorney may file a motion for approval of attorney's fees. That motion must be filed no later than 30 days after the date of the Social Security letter sent to Plaintiff's counsel of record at the conclusion of the Agency's past-due benefit calculation stating the amount withheld for attorney's fees. Defendant's response, if any, shall be filed no later than 30 days after service of the motion and Plaintiff shall file any reply within 14 days of service of Defendant's response. The Court having read and considered the R&R and noting the absence of any objections, it is hereby ADOPTED as the opinion and Dockets.Justia.com order of the Court. For the reasons set forth in the R&R, the decision of the Commissioner is REVERSED and REMANDED for further action consistent with the R&R. awarded, In the event past-due benefits are Plaintiff's attorney may file attorney's fees as outlined in the R&R. a motion for approval of Judgment shall be entered in favor of Plaintiff. SO ORDERED, this day of February, 2018. ORTNDA D. EVANS UNITED STATES DISTRICT JUDGE -2-
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