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Howard v. Comm'r of Soc. Sec.

United States District Court, E.D. Texas, Beaumont Division
Apr 9, 2024
Civil Action 1:20-CV-00304-MJT (E.D. Tex. Apr. 9, 2024)

Opinion

Civil Action 1:20-CV-00304-MJT

04-09-2024

BRIGITTE DIANE HOWARD, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


ORDER ADOPTING REPORT AND RECOMMENDATION

MICHAEL J. TRUNCALE JUDGE

Pending is the Plaintiff, Brigitte Diane Howard's, Motions for Attorney's Fees (Doc. Nos. 24 and 26). Magistrate Judge Zack Hawthorn issued a report recommending that the request be granted. (Doc. No. 29.) Neither party filed objections to the magistrate judge's report.

It is therefore ORDERED that the Report and Recommendation of the magistrate judge is ADOPTED and Plaintiff's motion (Doc. No. 26) is GRANTED. It is further ORDERED that:

1. Plaintiff's application for attorney's fees (Doc. No. 26) is granted in the amount of $15,925.50, which represents 25% of her past-due award pursuant to the contingency fee agreement and in accordance with Social Security Act § 206(b)(1) and 42 U.S.C. § 406(b)(1);

2. This award be subject to any beneficial, contractual and/or assignment-based interests held by the Plaintiff's attorney; and

3. The § 406(b) fees shall be paid out of Plaintiff's past-due benefits in accordance with agency policy and Plaintiff's counsel must refund any EAJA fee received in this matter; and

4. Plaintiff's first motion for Attorney Fees (Doc. No. 24) is DENIED AS MOOT.


Summaries of

Howard v. Comm'r of Soc. Sec.

United States District Court, E.D. Texas, Beaumont Division
Apr 9, 2024
Civil Action 1:20-CV-00304-MJT (E.D. Tex. Apr. 9, 2024)
Case details for

Howard v. Comm'r of Soc. Sec.

Case Details

Full title:BRIGITTE DIANE HOWARD, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court:United States District Court, E.D. Texas, Beaumont Division

Date published: Apr 9, 2024

Citations

Civil Action 1:20-CV-00304-MJT (E.D. Tex. Apr. 9, 2024)