THOMPSON
v.
COMMISSIONER OF SOCIAL SECURITY
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The court adopted the magistrate judge's report and recommendation, granting the plaintiff's petition for attorney fees.
The plaintiff sought attorney fees under 42 U.S.C. § 406(b) after a favorable outcome in a Social Security benefits case. The magistrate judge recomme…
The full statement of facts, procedural history, and disposition for this case are member content.
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This matter is before the Court on the report and recommendation of United States Magistrate Judge Julie S. Sneed, entered on November 23, 2021. (Doc. 32). Judge Sneed recommends that “Plaintiff’s Unopposed Petition and Memorandum in Support for Reasonable Attorney Fees Pursuant to 42 U.S.C. § 406(b)” (Doc. 31) be granted, and that the Court approve the attorney’s fees requested as reasonable. Specifically, Judge Sneed recommends that (1) Plaintiff’s counsel be awarded a total fee of $17,975.38; (2) the Commissioner be directed to pay Plaintiff’s counsel the net amount of $11,431.14 ($17,975.38 minus the $6,544.24 EAJA1 fee), less any additional sum already paid to counsel; (3) the Court order that counsel’s total fee, including any sum already paid and the EAJA fee, shall not exceed $17,975.38; and (4) the Clerk be directed to enter judgment accordingly and close the case.
F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). A district court must “make a de novo determination of those portions of the [report and recommendation] to which an objection is made.” 28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006); Nettles v. Wainwright, 677 F. 2d 404, 409 (5th Cir. 1982).
Upon due consideration of the record, including Judge Sneed’s report and recommendation, the Court adopts the report and recommendation in all respects. The Court agrees with Judge Sneed’s detailed and well-reasoned factual findings and legal conclusions. As such, Plaintiff’s motion is granted. Accordingly, it is ORDERED, ADJUDGED, and DECREED: 1. The report and recommendation (Doc. 32) is AFFIRMED and ADOPTED
and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. 2. “Plaintiff’s Unopposed Petition and Memorandum in Support for Reasonable Attorney Fees Pursuant to 42 U.S.C. § 406(b)” (Doc. 31) is GRANTED. 3. The Court finds that attorney’s fees requested by counsel are reasonable. Plaintiff’s counsel, Carol Avard, is awarded a total fee of $17,975.38. 4, The Commissioner is DIRECTED to pay Plaintiff's counsel the net amount of $11,431.14 ($17,975.38 minus the $6,544.24 EAJA fee), less any additional sum already paid to counsel. 5. Counsel’s total fee, including any sum already paid and the EAJA fee, shall not exceed $17,975.38. 6. The Clerkis DIRECTED to enter judgment accordingly and close the case. DONE and ORDERED in Chambers in Tampa, Florida, this 30th day of November, 2021.
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TOM BARBER
UNITED STATES DISTRICT JUDGE
Page 30f 3
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- Ennis Nettles v. Louie L. Wainwright, 677 F.2d 404 (5th Cir. 1982)
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