Sprang v. Colvin

Filing 25

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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IN THE UNITED STATES DISTRIC'P COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
FEB

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ERIC SPRANG,

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Plaintiff

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

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

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