Kapshandy v. Social Security Administration Commissioner

Arkansas Western District Court
Judge:	P K Holmes III
Case #:	2:23-cv-02038
Nature of Suit	863 Social Security - DIWC/DIWW (405(g))
Cause	42:0405g Review of HHS Decision (RSI)

Case Filed:	Mar 17, 2023
Terminated:	Feb 13, 2024

Defendant Social Security Administration Commissioner
Interested Party Social Security Administration-Office of General Counsel
Plaintiff David K Kapshandy II

	GPO Jan 29 2024 REPORT AND RECOMMENDATIONS re 3 Complaint filed by David K Kapshandy, II. Objections to R&R due by 2/12/2024. Signed by Honorable Mark E. Ford on January 29, 2024. (jlm)
	GPO Feb 13 2024 ORDER ADOPTING 12 Report and Recommendations. Judgment will be entered accordingly. Signed by Honorable P. K. Holmes III on February 13, 2024. (mjm)
	GPO Mar 25 2024 REPORT AND RECOMMENDATIONS re 15 MOTION for Attorney Fees filed by David K Kapshandy, II. Objections to R&R due by 4/8/2024. Signed by Honorable Mark E. Ford on March 25, 2024. (jlm)
	GPO Apr 10 2024 ORDER adopting 18 Report and Recommendations. Further, granting 15 Motion for Attorney Fees. Plaintiff is entitled to an award under the EAJA in the total amount of $7,065.65. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Further, any EAJA award by this Court should be made payable to plaintiff and not counsel. Signed by Honorable P. K. Holmes III on April 10, 2024. (mjm)

Docket last updated: 1 hours ago

Wednesday, April 10, 2024
19		19 1 pgs order Order on Motion for Attorney Fees Order on Report and Recommendations Wed 04/10 12:28 PM ORDER adopting18 Report and Recommendations. Further, granting15 Motion for Attorney Fees. Plaintiff is entitled to an award under the EAJA in the total amount of $7,065.65. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Further, any EAJA award by this Court should be made payable to plaintiff and not counsel. Signed by Honorable P. K. Holmes III on April 10, 2024. (mjm) Related: [-]
Monday, March 25, 2024
18		18 motion Report and Recommendations Mon 03/25 11:29 AM REPORT AND RECOMMENDATIONS re15 MOTION for Attorney Fees filed by David K Kapshandy, II. Objections to R&R due by 4/8/2024. Signed by Honorable Mark E. Ford on March 25, 2024. (jlm) Related: [-]
Friday, March 22, 2024
17		17 misc Response Fri 03/22 4:27 PM RESPONSE by Social Security Administration Commissioner re16 Memorandum Brief in Support,15 MOTION for Attorney Fees . (Fischer, John) Related: [-]
Friday, March 15, 2024
		utility Case Referred to Magistrate Judge Fri 03/15 8:43 AM CASE REFERRED to Honorable Mark E. Ford. Motions referred to Honorable Mark E. Ford.(mjm) Related: [-]
Thursday, March 14, 2024
16		16 msupport Memorandum Brief in Support Thu 03/14 6:35 PM MEMORANDUM BRIEF in Support of15 MOTION for Attorney Fees by David K Kapshandy, II. (McKinnon, Laura) Related: [-]
15		15 motion Attorney Fees Thu 03/14 6:34 PM MOTION for Attorney Fees by David K Kapshandy, II.(McKinnon, Laura) Related: [-]
		Att: 1 Exhibit Itemization,
		Att: 2 Exhibit CPI 1,
		Att: 3 Exhibit CPI 2
Tuesday, February 13, 2024
14		14 order Judgment - SSA Tue 02/13 9:56 AM JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g). Signed by Honorable P. K. Holmes III on February 13, 2024. (mjm) Related: [-]
13		13 1 pgs order Order on Report and Recommendations Tue 02/13 9:55 AM ORDER ADOPTING12 Report and Recommendations. Judgment will be entered accordingly. Signed by Honorable P. K. Holmes III on February 13, 2024. (mjm) Related: [-]
Monday, January 29, 2024
12		12 motion Report and Recommendations Mon 01/29 2:13 PM REPORT AND RECOMMENDATIONS re3 Complaint filed by David K Kapshandy, II. Objections to R&R due by 2/12/2024. Signed by Honorable Mark E. Ford on January 29, 2024. (jlm) Related: [-]
Thursday, July 13, 2023
11		11 misc Appeal Brief (Social Security-Govt) Thu 07/13 2:06 PM APPEAL BRIEF (SOCIAL SECURITY) by Social Security Administration Commissioner. (Fischer, John) Related: [-]
Monday, July 03, 2023
10		10 notice Notice of Appearance Mon 07/03 2:07 PM NOTICE of Appearance by John Fischer on behalf of Social Security Administration Commissioner. (Fischer, John) Related: [-]
Saturday, June 17, 2023
9		9 misc Appeal Brief (Social Security-Plaintiff) Sat 06/17 1:24 AM APPEAL BRIEF (SOCIAL SECURITY) by David K Kapshandy, II.(McKinnon, Laura) Related: [-]
		Att: 1 Supplement MER Abstract
Wednesday, May 17, 2023
8		8 order Social Security Scheduling Order - MEF Wed 05/17 8:52 AM TEXT ONLY SOCIAL SECURITY SCHEDULING ORDER. Plaintiff must file a brief within (30) days of the date the transcript is filed. Plaintiff's failure to file a timely brief may result in dismissal for failure to prosecute. All briefs are limited to twenty (20) pages in length and must identify the specific points for appeal with references to the medical evidence supporting each point, transcript page numbers for all medical evidence referenced, and citations to case-law supporting the parties' positions. The briefs must also include the transcript page numbers of any duplicative and/or irrelevant medical records. Any brief found to be in noncompliance with these briefing rules may be stricken from the record. The Commissioner must file a brief within thirty (30) days of the date Plaintiff's brief is served , responding to the issues raised in the Plaintiff's brief. Additional relevant issues may also be raised, in accordance with the above briefing specifications and limitations. A reply brief may be filed within fourteen (14) days after the response brief is filed and shall be limited to those issues raised in the response brief that were not previously addressed. Plaintiffs SSA Appeal Brief due by 6/16/2023. Signed by Honorable Mark E. Ford on May 17, 2023. (cla) Related: [-]
Tuesday, May 16, 2023
7		7 misc Social Security Transcript Tue 05/16 12:04 PM SOCIAL SECURITY TRANSCRIPT by Social Security Administration Commissioner.(Taylor, Candace) Related: [-]
		Att: 1 Supplement Part 2 of 2
Monday, March 27, 2023
6		6 notice Notice of Consent/Reassignment - SSA Mon 03/27 3:10 PM REQUEST FOR REASSIGNMENT to a District Judge for entry of the final judgment or order by David K Kapshandy, II. (McKinnon, Laura) Related: [-]
5		5 order Order on Motion for Leave to Proceed In Forma Pauperis Mon 03/27 9:10 AM TEXT ONLY ORDER granting4 Motion for Leave to Proceed in forma pauperis as after review it is found that Plaintiff is unable to pay for the costs of commencement of this suit and DIRECTING SERVICE on the Social Security Administration Commissioner and the US Attorney for the Western District/Arkansas via notice of electronic filing without prepayment of fees and costs. The Clerk of Court is directed to note the date of service on the docket sheet. Further, the Defendant is to answer within 60 days from the date of service. Signed by Honorable Mark E. Ford on March 27, 2023. (cla) Related: [-]
		misc Clerk's Order of Judge Assignment Mon 03/27 3:39 PM TEXT ONLY CLERK'S ORDER OF JUDGE ASSIGNMENT to a District Judge. Case reassigned to presiding judge Honorable P. K. Holmes III and Honorable Mark E. Ford, as the referral judge. (jlm) Related: [-]
Friday, March 17, 2023
4		4 motion Proceed In Forma Pauperis Fri 03/17 2:21 PM MOTION for Leave to Proceed in forma pauperis by David K Kapshandy, II. (McKinnon, Laura) Related: [-]
3		3 cmp Complaint Fri 03/17 2:00 PM COMPLAINT against Social Security Administration Commissioner, filed by David K Kapshandy, II.(McKinnon, Laura) Related: [-]
2		2 notice Magistrate Notice - SSA Fri 03/17 9:06 AM NOTICE OF DIRECT ASSIGNMENT TO A U.S. MAGISTRATE JUDGE. This case has been assigned to a U.S. Magistrate Judge to conduct all proceedings and for entry of a final judgment. You must file the attached form memorializing consent or requesting reassignment to a District Judge within fourteen (14) days. Consent or Reassignment form due by 3/31/2023.(tmc) Related: [-]
		Att: 1 Magistrate Consent Form
1		1 misc Civil Cover Sheet Fri 03/17 9:03 AM CIVIL COVER SHEET by David K Kapshandy, II. Please proceed with filing your case initiating document(s). If the case initiating documents are not filed by Close of Business the next business day, this file may be closed. A civil action is commenced by filing a complaint with the Court (Fed.R.Civ.P.3). (tmc) Related: [-]
		service Affidavit of Service as to USA Fri 03/17 2:08 PM Social Security Administration Commissioner served on 3/17/2023, answer due 5/16/2023. (jlm) Related: [-]

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