Meade v. Commissioner of Social Security

Filing 20

ORDER adopting 19 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Wendy L. Meade, and remanding case for further proceedings. The Clerk of Court shall enter a final judgment in favor of Plaintiff Wendy L. Meade, and close this case. Signed by Judge Elizabeth A. Kovachevich on 2/15/2013. (JM)

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

WENDY L. MEADE, etc.,
Plaintiff,
CASE NO. 8:12-CV-287-T-17MAP

v.

MICHAEL J. ASTRUE,
Commissioner of Social

Security,

Defendant.

ORDER
This cause is before the Court on:

Dkt. 19

Report and Recommendation

Plaintiff Wendy L. Meade, a/k/a Wendy M. South filed this case to obtain judicial
review of the decision of the Commissioner denying Plaintiff's claim for Disability
Insurance Benefits.

The assigned Magistrate Judge has entered a Report and Recommendation in
which it is recommended that this matter be remanded for further administrative

proceedings, as the Administrative Law Judge ("ALJ") erred in evaluating the medical
opinions of Plaintiff's physicians, and therefore failed to abide by the Court's prior

remand order (Case No. 8:09-CV-2027-T-27AEP). The assigned Magistrate Judge
found that the ALJ did not address several inconsistencies in the medical record, some

of which the Court specifically requested the ALJ address in its Remand Order,
including the opinions of Dr. Nardone, Dr. Jones and Dr. Hodan.

Case No. 8:12-CV-287-T-17MAP

The Court has independently examined the pleadings and the Transcript. No

timely objections to the Report and Recommendation have been filed.

After

consideration, the Court adopts the Report and Recommendation, which is
incorporated herein. Accordingly, it is

ORDERED that the Report and Recommendation is adopted and incorporated.

This case is remanded for further administrative proceedings. The Clerk of Court shall
enter a final judgment in favor of Plaintiff Wendy L. Meade, a/k/a Wendy M. South, and
close this case. Any motion for attorney's fees shall be filed in accordance with the
attached order.

DONE and ORDERED in Chambers, in Tampa, Florida on this
15th day of February, 2013.

CKOVAChiEV
United States District Judge

Copies to:
All parties and counsel of record

FIL

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UNITED STATES DISTRICT COURT

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IN RE: PROCEDURES FOR APPLYING

FOR ATTORNEY'S FEES UNDER

Misc. Case No. (. \2.-S\U-\2.(\-C(- I-J 5

42 U.S.C. §§ 406(b) AND 1383 (d)(2)
ORDER

Section 406(h) and section 1383(d)(2) with regard lo Title XVI claims ol"Title 42 govern
motions for attorney's fees in Social Security disability cases. Section 406(b) provides in relevant

part that "the court may determine and allow as part of its judgment a reasonable fee for [an
attorney's] representation, not in excess of 25 percent of the total of the past-due benefits to which
the claimant is entitled by reason of such judgment." 42 U.S.C. § 406(b)(1)(A). However, at the
lime the judgment is entered, the specific amount of past-due benefits, if any. is unknown.

Federal Rule of Civil Procedure 54(d)(2)(B) applies to the filing of a request for attorney's
fees, pursuant to Sections 406(b) and 1383(d)(2). and it requires a motion for attorney's fees to be
filed within fourteen (14) days after judgment unless provided otherwise by statute or order of the

court. Fed.R.Civ.P. 54(d)(2)(B). Because the amount of past-due benefits and attorney's fees is
unknownat the lime ofjudgment, the Court adopts the following procedures and filingschedule with
regard to section 406(b) (and section 1383(d)(2)) motions for attorney's fees;

(I) If the plaintiffs attorney seeks attorney's fees under 42 U.S.C. vjv; 406(b) or 1383(d)(2). he or

she must file a motion for approval of such fees no later than thirty (30) days after the date of the
Social Security teller sent lo the plaintiffs counsel of record at the conclusion of the Agency's pastdue benefit calculation slating the amount withheld for attorney's lees.

(II) Any response lo the motion shall be filed within the lime provided in the Local Rules. "The
motion shall stale the amount (if any) of attorney's fees awarded or sought by Plaintiff pursuant to
42 U.S.C. § 406(a) and any amount previously awarded by the court, pursuant to the Equal Access
lo Justice Act.

/

(III) Plaintiff shall file any reply within ten (10) days of service of defendant's response.

(IV) Counsel are reminded of the requirement to comply with I.ocal Rule 3.01(g) prior to filing any
motion which often expedites disposition of the fee request.

IT IS SO ORDERED.
th,

DONE AND ORDERED in Chambers, in Orlando, Florida, this

13

November, 2012.

lb

S I C. CONWAY
Chief United States District Judge

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