Opinion
Case No. 06-11821
09-04-2012
KAREN YOUNG, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Hon. Gerald E. Rosen
Magistrate Judge R. Steven Whalen
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION REGARDING PETITION FOR ATTORNEY FEES
At a session of said Court, held in
the U.S. Courthouse, Detroit, Michigan
on September 4, 2012
PRESENT: Honorable Gerald E. Rosen
Chief Judge, United States District Court
In a Report and Recommendation ("R & R") issued on June 27, 2012, Magistrate Judge R. Steven Whalen has recommended that the Court grant a petition filed by counsel for Plaintiff Karen Young seeking approval of an award of attorney fees in the amount of $25,000.00. No objections have been filed to the R & R. Having reviewed the R & R, the underlying petition filed by Plaintiff's counsel, and the remainder of the record, the Court fully concurs in the reasoning and findings of the Magistrate Judge, and adopts the R & R in its entirety. Accordingly,
NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge's June 27, 2012 Report and Recommendation (docket #39) is ADOPTED as the opinion of this Court. IT IS FURTHER ORDERED that, for the reasons stated in the R & R, the December 6, 2011 petition filed by Plaintiff's counsel seeking approval of attorney fees in the amount of $25,000.00 (docket #33) is GRANTED.
In light of this ruling, IT IS FURTHER ORDERED that Plaintiff's counsel shall be awarded the sum of $25,000.00 in attorney fees under 42 U.S.C. § 406(b), with a credit given to Plaintiff in the amount of $4,000.00 for fees previously paid to her counsel under the Equal Access to Justice Act. Finally, IT IS FURTHER ORDERED that the resulting net fee award of $21,000.00 shall be paid to Plaintiff's counsel from the $70,297.50 that the Defendant Commissioner of Social Security has withheld from Plaintiff's award of past due benefits, with the balance of $49,297.50 being paid to Plaintiff Karen Young.
SO ORDERED.
Gerald E. Rosen
Chief Judge, United States District Court
I hereby certify that a copy of the foregoing document was served upon counsel of record on September 4, 2012, by electronic and/or ordinary mail.
Shawntel R. Jackson for Ruth A. Gunther
Case Manager