LILLEY
v.
COMMISSIONER OF SOCIAL SECURITY

S.D. Fla. | 2025-05-07
No. 20-80044
District Court, S.D. Florida (2025)

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Synopsis

Lilley sought reasonable attorney fees under 42 U.S.C. § 406(b) in a Social Security case. The district court adopted the magistrate judge's recommendation and awarded attorney fees of $17,061.75 to plaintiff's counsel.


Holding

Plaintiff's Amended Second Petition for Reasonable Attorney Fees was granted, and plaintiff's counsel was awarded attorney fees in the amount of $17,061.75.


Key Quotes

“As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 44] are hereby adopted and deemed incorporated into this opinion.”

Establishes the standard for review when no objections are filed to a magistrate judge's report

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Facts & Procedural History

Plaintiff Lilley filed an Amended Second Petition for Reasonable Attorney Fees under 42 U.S.C. § 406(b). A Magistrate Judge issued a Report and Recomm…

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Opinion of the Court

THIS CAUSE is before the Court upon the Report and Recommendation of Magistrate Judge William Matthewman (the “Report”) [DE 44], issued on April 22, 2025, and Plaintiff’s Amended Second Petition and Memorandum in Support for Reasonable Attorney Fees Pursuant to 42 U.S.C. § 406(b) [DE 38]. The Court notes that no objections to the Report [DE 44] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 44] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F. 2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993).

Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 44] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusions.

Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 44] is hereby ADOPTED and APPROVED; 2. Plaintiff's Amended Second Petition [DE 38] is hereby GRANTED as follows: a. Plaintiffs counsel is awarded attorney’s fees in the amount of $17,061.75. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 7th day of May, 2025.

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United States District Judge Copies to: Counsel of Record Magistrate Judge William Matthewman


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