Opinion
Civ. 22-2054 (JWB/DJF)
07-09-2024
Charles C.,[1]Plaintiff, v. Kilolo Kijakazi, Acting Commissioner of the Social Security Administration, Defendant.
Bryan Konoski, Esq., Kira Treyvus, Esq., Konoski & Partners, P.C.; James H. Greeman, Esq., Greeman Toomey, counsel for Plaintiff. Ana H. Voss, Esq., United States Attorney's Office; Emily Carroll, Esq., and James D. Sides, Esq., Social Security Administration, counsel for Defendant.
Bryan Konoski, Esq., Kira Treyvus, Esq., Konoski & Partners, P.C.; James H. Greeman, Esq., Greeman Toomey, counsel for Plaintiff.
Ana H. Voss, Esq., United States Attorney's Office; Emily Carroll, Esq., and James D. Sides, Esq., Social Security Administration, counsel for Defendant.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE
JERRY W. BLACKWELL UNITED STATES DISTRICT JUDGE
United States Magistrate Judge Dulce J. Foster issued a Report and Recommendation (“R&R”) on May 31, 2024. (Doc. No. 49.) No objections have been filed to that R&R in the time permitted. Absent timely objections, the R&R is reviewed for clear error. See Fed.R.Civ.P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, no clear error is found.
Based on the R&R of the Magistrate Judge, and on all the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. The May 31, 2024 R&R (Doc. No. 49) is ACCEPTED;
2. Plaintiff's Motion for Authorization of Attorney Fees Pursuant to 42 U.S.C. § 406(b) (Doc. No. 43) is GRANTED; and
3. Plaintiff's counsel shall be awarded $31,802 in fees, reduced by the Court's original Equal Access to Justice Act (“EAJA”) fee award of $8,000, for a net total fee of $23,802, to be paid from Plaintiff's past-due benefits, pursuant to 42 U.S.C. § 406(b).