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Heffernan v. Astrue

United States District Court, E.D. New York

February 10, 2015

BRIAN HEFFERNAN, Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant

Page 352

For the Plaintiff: Christopher James Bowes, Esq., Of Counsel, Office of Christopher James Bowes, Shoreham, NY.

For the Defendant: Robert W. Schumacher, II, Assistant United States Attorney, United States Attorneys' Office, Eastern District of New York, Central Islip, NY.

Page 353

DECISION AND ORDER

ARTHUR D. SPATT, United States District Judge.

On August 21, 2010, the Plaintiff Brian Heffernan (the " Plaintiff" ) filed for Social Security Disability benefits. He alleged a disability as of November 2009 due to chronic venous insufficiency, right foot ulcers, and bipolar disorder.

On December 2, 2010, the Defendant Commissioner of the Social Security Administration (the " SSA" ) denied his application.

On September 20, 2011, the Plaintiff, represented by counsel, appeared at an administrative hearing before an Administrative Law Judge (" ALJ" ), Bruce MacDougall.

By Notice of Decision dated October 3, 2011, ALJ MacDougall denied the Plaintiff's claim based on a finding that he retained the residual functional capacity to perform sedentary work. The Plaintiff filed exceptions to the ALJ's decision.

By Notice of Appeals Council Action dated October 11, 2012, the Appeals Council denied review, finding no reason to review the ALJ's decision, thus making the ALJ's October 3, 2011 Decision the " final" administrative decision on the Plaintiff's application for benefits.

The Plaintiff retained the Office of Christopher James Bowes (" Bowes" ) to represent him in a federal court civil action challenging the final administrative decision on his claim. In exchange for those legal services, the Plaintiff agreed to pay 25% of his past due benefits as an attorney fee. (Contingency Fee Agreement, Bowes Decl., Exh A.)

On October 26, 2012, the Plaintiff commenced this action pursuant to the Social Security Act, 42 U.S.C. § 405(g) and 1383(c)(3) to review the SSA's final decision.

On May 1, 2013, the parties filed a stipulation, pursuant to the fourth sentence of 42 U.S.C. § 405(g), agreeing to reverse the SSA's decision denying the Plaintiff's claim and remand the claim for further administrative proceedings, including a new hearing and a new decision.

On May 2, 2013, the Court " So Ordered" the stipulation filed on May 1, 2013 and ...


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