Summary
rejecting the interpretation that 406(b)'s twenty-five percent cap limits the total fees recoverable under Sections 406 and 406(b)
Summary of this case from Rose M. v. Comm'r of Soc. Sec. Admin.Opinion
3:15-cv-00325-AC
05-23-2018
MARY PIERCE, Plaintiff, v. COMMISSIONER, Social Security Administration, Defendant.
ORDER
BROWN, Senior Judge.
Magistrate Judge John V. Acosta issued Findings and Recommendation (#43) on May 3, 2018, in which he recommends this Court grant Plaintiff Mary Pierce's Motion (#39) for Attorneys Fees Under 42 U.S.C. § 406(b) and award fees in the amount of $14,310.50. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). See also Decker v. Berryhill, 856 F.3d 659, 663 (9th Cir. 2017). Having reviewed the legal principles de novo, the Court does not find any error.
CONCLUSION
The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (#43). Accordingly, the Court GRANTS Plaintiff's Motion (#39) for Attorney Fees Under 42 U.S.C. § 406(b) and AWARDS attorneys' fees in the amount of $14,310.50. In light of the EAJA fees previously awarded in the amount of $6,025.63, the amount due is $8,284.87.
IT IS SO ORDERED.
DATED this 23rd day of May, 2018.
/s/ Anna J. Brown
ANNA J. BROWN
United States Senior District Judge