Opinion
1:21cv682
04-09-2024
Chad M., Plaintiff, v. Commissioner of Social Security Administration, Defendant.
ORDER
Michael R. Barrett, Judge United States District Court
This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on March 22, 2024 (Doc. 16).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties may forfeit rights on appeal if they failed to file objections to the R&R in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's R&R (Doc. 16) have been filed and the time to do so has expired.
Accordingly, it is ORDERED that the R&R (Doc. 16) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, Plaintiff's motion for an additional award of attorney fees under 42 U.S.C. §406(b) (Doc. 12) is GRANTED, subject to the following condition: the award of $10,000.00 shall be offset by the sum of $2,781.80 previously paid to counsel for the same work under the EAJA. Therefore, the total award under 42 U.S.C. § 406(b) payable to counsel equals $7,218.20. Plaintiff's counsel is reminded of her future obligation to fully comply with Local Rule 54.2 when seeking attorney's fees in social security cases in this district.
IT IS SO ORDERED.