BARRERAS, JR.
v.
COMMISSIONER OF SOCIAL SECURITY

M.D. Fla. | 2021-09-02
No. 6:20-cv-1189
District Court, M.D. Florida (2021)

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Holding

The court adopted the Magistrate Judge's Report and Recommendation, granting the plaintiff's motion for attorney's fees in part.


Facts & Procedural History

Plaintiff moved for attorney's fees under the Equal Access to Justice Act following a Social Security remand. The Commissioner did not oppose the moti…

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Opinion of the Court

Before the Court are: 1. Plaintiff’s Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C.A. § 2412 (Doc. 19 (“Motion for Fees”)); and 2. U.S. Magistrate Judge Embry J. Kidd’s Report and Recommendation (Doc. 20 (“R&R”)) on Plaintiff’s Motion for Fees. The R&R is due to be adopted and the Motion for Fees granted in part. In this Social Security remand, Plaintiff moved for fees under the Equal Access to Justice Act and the Commissioner did not oppose. (Doc. 19; Doc. 19-19.) On referral, Judge Kidd recommended the Court grant in part Plaintiff’s Motion for Fees.1 (Doc. 20, p. 8.) The parties did not object to the R&R

error only. See Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED: 1. The R&R (Doc. 20) is ADOPTED, CONFIRMED, and made a part of this Order in its entirety. 2. Plaintiff's Motion for Fees (Doc. 19) is GRANTED IN PART AND DENIED IN PART:

a. The Motion is DENIED only insofar as Judge Kidd adjusted the appropriate hourly rate. (Doc. 20, p. 6 n.3.) b. In all other respects, the Motion is GRANTED.
3. Plaintiff is AWARDED $4,707.12 in attorney’s fees, $400.00 in costs, and $17.25 in expenses, for a total award of $5,124.37. DONE AND ORDERED in Chambers in Orlando, Florida, on September 2, 2021.

{]

United States District Judge

reasonable. (See Doc. 20, p. 6 n.3.)

Footnotes
1 Judge Kidd slightly adjusted the applicable hourly rate but otherwise found the fees and the time for doing so has passed, so the Court examines the R&R for clear

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