From Casetext: Smarter Legal Research

Banks v. Astrue

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Feb 1, 2012
06 Civ. 1428 (KMK) (GAY) (S.D.N.Y. Feb. 1, 2012)

Opinion

06 Civ. 1428 (KMK) (GAY)

02-01-2012

MARTHA BANKS. Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant,


ORDER ADOPTING REPORT

AND RECOMMENDATION RE

PAYMENT OF EAJA FEES

KENNETH M. KARAS, District Judge:

Plaintiff Martha Banks brought this case pursuant to 42 U.S.C § 405(g), challenging the decision by the Commissioner of Social security (the "Commissioner") to deny plaintiff's application for disability insurance benefits. By Order dated August 13, 2009 [hereinafter "Order"], the undersigned granted plaintiff's motion for judgment on the pleadings to the extent that it remanded the matter to the Commissioner for further proceedings.

WHEREAS a Motion for Award of Attorney Fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (d) was filed and United States Magistrate Judge Hon. George A. Yanthis issued a Report and Recommendation granting in part the motion for a total of attorney fees in the amount of $9,226.30. Neither party having filed objections to Magistrate Judge Yanthis' Report & Recommendation.

Accordingly, it is hereby

ORDERED, that the Report and Recommendation dated October 23, 2009 is ADOPTED in its entirety;

IT IS FURTHER ORDERED that defendant shall pay plaintiff's counsel Gary J. Gogerty, Esq. the sum of Nine Thousand Two Hundred Twenty Six and 30/100 Dollars ($9,226.30) in full satisfaction of any and all claim for attorney's fees and expenses under the Equal Access to Justice Act, 28 U.S.C. 2412 (d).

SO ORDERED:

________________________

Hon. Kenneth M. Karas

U.S. District Judge


Summaries of

Banks v. Astrue

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Feb 1, 2012
06 Civ. 1428 (KMK) (GAY) (S.D.N.Y. Feb. 1, 2012)
Case details for

Banks v. Astrue

Case Details

Full title:MARTHA BANKS. Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Feb 1, 2012

Citations

06 Civ. 1428 (KMK) (GAY) (S.D.N.Y. Feb. 1, 2012)