Day v. Colvin

Filing 24

ORDER TO SHOW CAUSE TO THE COMMISSIONER to explain why Plaintiff has not been receiving his benefits despite the 19 10/13/15 order remanding the case for an immediate award of benefits. Show Cause Response due by 12/5/2016. Order to Show Cause Hearing set for 12/15/2016 11:00 AM in Courtroom 4, 1301 Clay Street, Oakland, California. Signed by Judge Kandis A. Westmore on 11/18/2016. (kawlc1, COURT STAFF) (Filed on 11/18/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARTIN DAY,

Case No. 4:14-cv-04919-KAW

Plaintiff,
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ORDER TO SHOW CAUSE TO THE
COMMISSIONER; SHOW CAUSE
HEARING ON 12/15/16

v.
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CAROLYN W. COLVIN,

Re: Dkt. Nos. 19 & 23

Defendant.

United States District Court
Northern District of California

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On October 13, 2015, the Court granted Plaintiff Martin Day’s motion for summary

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judgment and remanded the case for an immediate award of benefits. (Dkt. No. 19.) On

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November 20, 2015, the Court granted the parties’ stipulation for the payment of attorneys’ fees

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and costs under the Equal Access to Justice Act. (Dkt. No. 22.)
On October 14, 2016, Plaintiff wrote a letter to undersigned to inform the Court that he has

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not received any benefits from the Social Security Administration. (Dkt. No. 23) Plaintiff further

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represented that he had contacted his attorney and was told that he had won his case, but that her

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calls to the Social Security Administration have also gone unreturned. Id.
Accordingly, on or before December 5, 2016, the Commissioner shall show cause why

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Mr. Day’s benefits are not being paid given that the October 13, 2015 order required the

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immediate payment of benefits. The Court will hold a hearing on the order to show cause on

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December 15, 2016 at 11:00 a.m in Courtroom 4, 1301 Clay Street, Oakland, California.

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As Plaintiff has not made a formal appearance, Plaintiff’s counsel of record, Geri Kahn,

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shall serve a copy of this order and any other filings on Plaintiff until such an appearance is made.

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Ms. Kahn shall also appear at the hearing on December 15, 2016 if the benefits issue is not

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resolved prior to that date, and may recover EAJA fees for her time.

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IT IS SO ORDERED.
Dated: November 18, 2016
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KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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