Brown, III v. Social Security Administration Commissioner
| South Carolina District Court | |
| Judge: | Molly H Cherry |
| Referred: | Molly H Cherry |
| Case #: | 9:20-cv-04163 |
| Nature of Suit | 863 Social Security - DIWC/DIWW (405(g)) |
| Cause | 42:405 Review of HHS Decision (DIWC) |
| Case Filed: | Dec 01, 2020 |
| Terminated: | Mar 15, 2022 |
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| Docket last updated: 8 hours ago |
| Tuesday, November 14, 2023 | ||
| 37 | 37
3
pgs
order
Order on Motion for Attorney Fees per rule 406b
Tue 11/14 11:16 AM
ORDER granting 33 Motion for Attorney Fees per Rule 406(b) in the amount of Twenty-Four Thousand, Eight Hundred Forty-Five and 73/100 Dollars ($24,845.73) or 25 percent of benefits past-due to Plaintiff by reason of this Court's judgment, whichever is less. IT IS SO ORDERED. Signed by Magistrate Judge Molly H Cherry on 11/14/2023. (tsim, ) |
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| Tuesday, September 12, 2023 | ||
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respm
Response in Support of Motion
Tue 09/12 10:00 AM
RESPONSE in Support re33 MOTION for Attorney Fees per Rule 406b Response filed by Social Security Administration Commissioner. (McTigue, James) |
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notice
Notice of Appearance
Tue 09/12 9:55 AM
NOTICE of Appearance by James McTigue on behalf of Social Security Administration Commissioner (McTigue, James) |
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| Wednesday, September 06, 2023 | ||
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motion
Attorney Fees per Rule 406b
Wed 09/06 10:20 AM
MOTION for Attorney Fees per Rule 406b by Edwin D Brown, III. Response to Motion due by 9/20/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(Wendt, Robertson) |
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Att: 1
Memo in Support,
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Att: 2
Appendix Declaration of Robertson H Wendt,
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Att: 3
Appendix Fee Agreement,
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Att: 4
Appendix Robertson Wendt Timesheets,
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Att: 5
Appendix Sarah Bohr Timesheets,
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Att: 6
Appendix Curtis J Fisher Timesheets,
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Att: 7
Appendix FY22 Waterfall Chart,
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Att: 8
Appendix Notice of Award 8-26-23
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| Thursday, August 11, 2022 | ||
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3
pgs
order
Order on Motion for Attorney Fees
Thu 08/11 4:53 PM
ORDER. The Court GRANTS the Motion for Attorney Fees 27 as modified by the Stipulation of the parties 30 and ORDERS that Plaintiff is awarded Nine Thousand and One Hundred and 00/100 Dollars ($9,100.00) in attorneys fees pursuant to the EAJA. Signed by Magistrate Judge Molly H Cherry on 8/11/2022. (tsim, ) |
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| Friday, July 01, 2022 | ||
| 30 | 30
misc
Stipulation
Fri 07/01 9:56 AM
STIPULATION re27 MOTION for Attorney Fees under the Equal Access to Justice Acti , 29 Order on Motion for Extension of Time to File Response/Reply, by Social Security Administration Commissioner. (de Holl, Andrew) |
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| Friday, June 24, 2022 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Fri 06/24 12:48 PM
TEXT ORDER granting 28 Motion for Extension of Time. Defendant's Response to the Motion for Attorney Fees is due by July 1, 2022. Entered at the direction of Magistrate Judge Molly H Cherry on 6/24/2002. (tsim, ) |
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| Thursday, June 23, 2022 | ||
| 28 | 28
motion
Extension of Time to File Response/Reply
Thu 06/23 5:49 PM
MOTION for Extension of Time to File Response/Reply as to27 MOTION for Attorney Fees under the Equal Access to Justice Acti by Social Security Administration Commissioner. Response to Motion due by 7/7/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(de Holl, Andrew) |
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| Friday, June 10, 2022 | ||
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motion
Attorney Fees
Fri 06/10 2:22 PM
MOTION for Attorney Fees under the Equal Access to Justice Acti by Edwin D Brown, III. Response to Motion due by 6/24/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(Wendt, Robertson) |
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Att: 1
Plaintiff's fee agreement with EAJA assignment,
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Att: 2
Time sheet of Robertson Wendt,
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Att: 3
Time sheet of Sarah H. Bohr,
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Att: 4
Time sheet of Curtis J. Fisher,
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Att: 5
Memo in Support
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| Tuesday, March 15, 2022 | ||
| 26 | 26
misc
Judgment
Tue 03/15 4:29 PM
JUDGMENT: Decision of the Commissioner is Reversed and the case is Remanded to the Commissioner under Sentence Four 42 U.S.C. §405(g) for further administrative review. (tsim, ) |
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14
pgs
order
Order
Tue 03/15 3:51 PM
ORDER: It is ORDERED that the decision of the Commissioner is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative review. IT IS SO ORDERED. Signed by Magistrate Judge Molly H Cherry on 3/15/2022. (tsim, ) |
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| Tuesday, November 02, 2021 | ||
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respoth
Plaintiff's Social Security Response Brief
Tue 11/02 10:32 AM
PLAINTIFF'S RESPONSE BRIEF by Edwin D Brown, III. (Wendt, Robertson) |
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| Wednesday, October 27, 2021 | ||
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order
Order on Motion for Extension of Time
Wed 10/27 9:38 AM
TEXT ORDER granting 21 Motion for Extension of Time. Plaintiff's Reply Brief is due by November 2, 2021. Entered at the direction of Magistrate Judge Molly H Cherry on 10/27/2021.(tsim, ) |
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| Tuesday, October 26, 2021 | ||
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motion
Extension of Time
Tue 10/26 10:01 AM
MOTION for Extension of Time to File Plaintiff's Reply Brief by Edwin D Brown, III. Response to Motion due by 11/9/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wendt, Robertson) |
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| Tuesday, October 12, 2021 | ||
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respoth
Defendant's Social Security Brief
Tue 10/12 9:46 AM
DEFENDANT'S BRIEF by Social Security Administration Commissioner.Plaintiffs Response Brief Due by 10/26/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (de Holl, Andrew) |
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| Wednesday, September 01, 2021 | ||
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respoth
Plaintiff's Social Security Brief
Thu 09/02 1:06 AM
PLAINTIFF'S BRIEF by Edwin D Brown, III. Defendant Brief due by 10/12/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Wendt, Robertson) |
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Att: 1
Exhibit 1 - DOT job description of document preparer,
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Att: 2
Exhibit 2 - DOT job description of charge account clerk,
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Att: 3
Exhibit 3 - DOT job description of telephone quotation clerk
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| Tuesday, August 03, 2021 | ||
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order
Order on Motion for Extension of Time
Tue 08/03 10:22 AM
TEXT ORDER granting 17 Motion for Extension of Time. Plaintiff's brief is due by September 1, 2021. It is so ORDERED. Entered at the direction of Magistrate Judge Molly H Cherry on 8/3/2021. (tsim, ) |
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| Monday, August 02, 2021 | ||
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motion
Extension of Time
Mon 08/02 2:42 PM
Second MOTION for Extension of Time to File Plaintiff's Brief by Edwin D Brown, III. Response to Motion due by 8/16/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wendt, Robertson) |
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| Wednesday, June 16, 2021 | ||
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order
Order on Motion for Extension of Time
Wed 06/16 1:07 PM
TEXT ORDER granting 15 Motion for Extension of Time to file Plaintiff's Brief. Plaintiff's Brief deadline due by August 2, 2021. Entered at the direction of Magistrate Judge Molly H Cherry on 6/16/2021. (tsim, ) |
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| 15 | 15
motion
Extension of Time
Wed 06/16 8:21 AM
MOTION for Extension of Time to File Plaintiff's Brief by Edwin D Brown, III. Response to Motion due by 6/30/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wendt, Robertson) |
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| Monday, May 17, 2021 | ||
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answer
Answer/Electronic Certified Administrative Record
Mon 05/17 9:29 AM
ANSWER/ELECTRONIC CERTIFIED ADMINISTRATIVE RECORD by Social Security Administration Commissioner.Plaintiffs Brief due by 6/16/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Gaughan, Katie) |
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Att: 1
Part 2,
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Att: 2
Part 3,
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Att: 3
Part 4,
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Att: 4
Part 5,
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Att: 5
Part 6,
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Att: 6
Part 7,
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Att: 7
Part 8
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| Thursday, April 01, 2021 | ||
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order
Order on Motion for Extension of Time to Answer
Thu 04/01 11:41 AM
TEXT ORDER granting 12 Motion for Extension of Time to Answer. Social Security Administration Commissioner answer due 6/4/2021. Entered at the direction of Magistrate Judge Molly H. Cherry on 4/1/2021.(tsim, ) |
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| Wednesday, March 31, 2021 | ||
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motion
Extension of Time to File Answer
Wed 03/31 8:20 AM
First MOTION for Extension of Time to File Answer re1 Complaint - Social Security,, by Social Security Administration Commissioner. Response to Motion due by 4/14/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(de Holl, Andrew) |
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Att: 1
Declaration of Jebby Rasputnis
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| Thursday, January 14, 2021 | ||
| 11 | 11
service
Summons Returned Executed as to USA-Social Security Complaint Served
Thu 01/14 9:04 AM
SUMMONS Returned Executed by Edwin D Brown, III. Social Security Administration Commissioner served on 12/4/2020, pursuant to Local Rule 83.VII.03 answer due 4/5/2021.(Wendt, Robertson) |
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Att: 1
Appendix Certified Receipts
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| Tuesday, January 05, 2021 | ||
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1
pgs
order
Order Referring Case to Magistrate Judge Consent
Wed 01/06 1:52 PM
ORDER REFERRING CASE to Magistrate Judge Molly H Cherry. Signed by Honorable Timothy M Cain on 01/05/2021. (tsim, ) |
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misc
Consent to Jurisdiction by US Magistrate Judge
Tue 01/05 11:49 AM
CONSENT to Jurisdiction by US Magistrate Judge by Edwin D Brown, III.. (Wendt, Robertson) |
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| Monday, December 07, 2020 | ||
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order
Order ~Util - Set Deadlines
Mon 12/07 9:40 AM
TEXT ORDER. In accordance with the policy of the Judicial Conference of the United States, the Administrative Office of the United States Courts (AOUSC) recently completed a Survey of Magistrate Judge Positions in the District of South Carolina. The report is a district-wide review of the court's magistrate judge positions. By local rule, all social security appeals are automatically referred to magistrate judges on a district-wide rotation for reports and recommendations or final disposition by consent of the parties. According to the report, for the period of 2015-2019, social security appeals in this district increased by 37 percent, and felony criminal cases increased by over 16 percent. As a result of the COVID-19 pandemic, grand jury proceedings were postponed, and criminal jury trials have been continued through September 1, 2020. Most detention facilities have initiated mitigation measures which limit the transportation of inmates and in-person visits, including attorney visits. These events have necessarily resulted in a backlog of criminal cases which will require attention as such restrictions are relaxed. New criminal cases will be generated once Grand Jury proceedings resume. Criminal cases take priority over civil cases due in part due to the Speedy Trial Act. Once restrictive measures are released, the court anticipates a flood of criminal matters that will require disposition, which must be given priority over civil matters, including social security appeals. This is in addition to a recent increase in filings by federal inmates seeking reduction in sentences, compassionate release, and other collateral relief pursuant to the First Step Act of 2019 and recent appellate court opinions. The Federal Magistrates Act of 1968 established the magistrate judge's system as a supplemental judicial resource to assist the district courts and provide better service to litigants. The AOUSC report notes that in 2019, of the 350 social security appeals decided in the District of South Carolina, only 27 (7.7 percent) were disposed of by magistrate judges with the parties' consent. According to the report: "Many districts around the country have had great success in encouraging consent to magistrate judges in social security appeal cases. Maximizing dispositions on consent rather than through reports and recommendations could be part of the court's strategy, to the extent it is feasible, for maintaining the just, speedy, and inexpensive determination of these cases, as well as realizing the benefits of consent outlined below. Consent to disposition by the magistrate judge can bring about a quicker resolution of the appeal than the report and recommendation process." "Therefore, the court may wish to remind the government and members of the social security bar of the consent option, and its time savings for litigants, by appropriate means (e.g., form letters to parties, status conferences, speaking engagements before the bar)." The completion of the AO report is prescient considering recent events which will place additional strains on district court resources. Pursuant to 28 U.S.C. § 631, United States Magistrate Judges are appointed by the district court. Such appointments are made after a rigorous application and screening process. Pursuant to 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, a United States Magistrate Judge may, upon consent of the parties, conduct any or all proceedings in a jury or nonjury civil matter and enter a final order in the case. Other jurisdictions have recognized that the impact of COVID-19 will include the backlog of civil cases, and the need to utilize magistrate judges to address this problem. As noted by Mark A. Berman, former chair of the commercial and federal litigation section of the New York State Bar Association, "It became clear that civil litigators, who need to move their cases forward, have overlooked that, upon consent, magistrate judges can conduct all proceedings in a civil action. The impact of the pandemic now offers the opportunity to take advantage of the offices of magistrate judges who, upon consent, can decide motions to dismiss and for summary judgment and to hold bench and jury trials." Civil Litigators Have An Option In Federal Courts: Magistrate Judges, https://www.law.com/newyorklawjournal/2020/06/25/civil-litigators-have-an-option-in-federal-courts-magistrate-judges. It has been the practice of this court to give particular attention to social security appeals given the nature of such actions. However, the impact of increased caseloads, the direct and indirect effects of the COVID-19 pandemic, and requirement of docket priority for criminal cases will necessarily affect the court's ability to provide for prompt adjudication of social security cases. While parties have the right to adjudication of such matters by a District Judge and may withhold consent without adverse substantive consequences, based on the foregoing, consideration should be given to the referral of social security appeals to a United States Magistrate Judge for final disposition. The U.S. Attorney for the District of South Carolina has entered a Standing Consent Agreement for such referrals. See 3:04-mc-5005. Accordingly, counsel for the Plaintiff is directed to consult with the Plaintiff concerning the foregoing and to file a status report within 30 days informing the court as to whether Plaintiff consents to disposition by a United States Magistrate Judge. If Plaintiff consents, AO Form 85, found at https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge may be filed in lieu of a status report. Entered at the direction of the Honorable Timothy M Cain on 12/7/20. (Status Report due by 1/6/2021.)(kmca) |
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| Wednesday, December 02, 2020 | ||
| 7 | 7
1
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Wed 12/02 12:48 PM
ORDER granting 4 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Molly H Cherry on December 2, 2020. (tsim, ) |
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| Tuesday, December 01, 2020 | ||
| 4 | 4
motion
Proceed In Forma Pauperis
Tue 12/01 5:04 PM
MOTION for Leave to Proceed in forma pauperis by Edwin D Brown, III. Response to Motion due by 12/15/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order. Motions referred to Molly H Cherry. (tsim, ) |
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service
Summons Issued as to USA
Tue 12/01 5:02 PM
Summons Issued as to Social Security Administration Commissioner, U.S. Attorney and U.S. Attorney General. (tsim, ) |
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cmp
Complaint - Social Security Cases Only
Tue 12/01 4:59 PM
COMPLAINT against Social Security Administration Commissioner. Clerk's Note: See 28:636(b)(1)(C)(4)(c)(1) and Local Rule 83.VII.02 regarding Consents to Proceed before Magistrate Judge in Social Security cases. Consent to Proceed before Magistrate Judge forms are available on the Court's website. Filed by Edwin D Brown, III. Service due by 3/1/2021 (tsim, ) |
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Att: 1
Exhibit
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