WILLIAMS
v.
COMMISSIONER OF SOCIAL SECURITY
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The court adopted the Magistrate Judge's recommendation to grant in part and deny in part the motion for attorney's fees under 42 U.S.C. § 406(b).
Plaintiff sought attorney's fees under 42 U.S.C. § 406(b) after prevailing in a Social Security benefits case. The Magistrate Judge recommended granti…
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Defendant. /
OPINION AND ORDER1
Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (Doc. 30) on Plaintiff’s Unopposed Motion for Attorney’s Fees Pursuant to 42 U.S.C. § 406(b) (Doc. 29). Judge McCoy recommends granting in part and denying in part the Motion. Neither party objects to the Report and Recommendation, and the time to do so has expired. After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” the magistrate judge’s R&R. 28 U.S.C. § 636(b)(1)(C). In the absence
Instead, when parties don’t object, a district court need only correct plain error as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 F. App’x 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F. 3d 1322, 1329 (11th Cir. 1999). After examining the file independently and upon considering Judge
McCoy’s findings and recommendations, the Court accepts and adopts the Report and Recommendation. Accordingly, it is now ORDERED:
1. The Report and Recommendation (Doc. 30) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. Plaintiff’s Unopposed Motion for Attorney’s Fees Pursuant to 42 U.S.C. § 406(b) (Doc. 29) is GRANTED in part and DENIED in
part. a. Plaintiff’s counsel is awarded $35,767.50 in attorney’s fees under 42 U.S.C. § 406(b); b. The Commissioner of Social Security is directed to pay Plaintiff's counsel $35,767.50. c. Upon Plaintiff's counsel’s receipt of these fees, Plaintiffs counsel must remit the $16,093.37 prior fee awarded under the EAJA to Plaintiff. d. If applicable, the Commissioner of Social Security must also pay directly to Plaintiff any remaining portion of the past-due benefits previously withheld pending the Court’s determination of attorney’s fees. See Doc. 29-1.
e. The Clerk is directed to enter a judgment awarding $35,767.50 to Plaintiff's counsel for attorney’s fees. f. Plaintiff's Motion is denied to the extent it seeks any greater or different relief. DONE and ORDERED in Fort Myers, Florida on June 29, 2022.
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
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Citator
Authorities Cited
- Thomas v. Arn, 474 U.S. 140 (U.S. 1985)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Farley v. Nationwide Mut. Ins. Co., 197 F.3d 1322 (11th Cir. 1999)