Johnson v. Commissioner of Social Security

Full title: CINDY A. JOHNSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant

Court: United States District Court, M.D. Florida, Orlando Division

Date published: Dec 31, 2007

Case No. 6:04-cv-1157-Orl-28DAB (M.D. Fla. Dec. 31, 2007)

Opinion

Case No. 6:04-cv-1157-Orl-28DAB.

December 31, 2007

ORDER

JOHN ANTOON II, District Judge

This case is before the Court on Plaintiff's Petition for Authorization to Charge a Reasonable Fee Pursuant to 42 U.S.C. § 406(b) (Doc. No. 24) filed October 10, 2007. The United States Magistrate Judge has submitted a report recommending that the motion be granted.

After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:

1. That the Report and Recommendation filed December 5, 2007 (Doc. No. 27) is ADOPTED and CONFIRMED and made a part of this Order.

2. Plaintiff's Petition for Authorization to Charge a Reasonable Fee Pursuant to 42 U.S.C. § 406(b) is GRANTED. The judgment is amended to award fees pursuant to 42 U.S.C. § 406(b) in the amount of $15,556.01¹ for attorney's fees to Plaintiff's counsel.

1 25% of the amount awarded is equal to $19,438.25. $3,882.24 has previously been awarded under the Equal Access to Justice Act. Therefore, $19,438.25 less $3,882.24 is equal to $15,556.01.

DONE and ORDERED in Chambers, Orlando, Florida.