Opinion
2:19-cv-12834
04-07-2022
LAVONDA BECKROW, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION [24] AND GRANTING MOTION FOR ATTORNEY'S FEES [21]
STEPHEN J. MURPHY, III UNITED STATES DISTRICT JUDGE.
Plaintiff moved for attorney's fees under 42 U.S.C. § 406(b). ECF 21. The Court referred the motion to Magistrate Judge Elizabeth A. Stafford. ECF 22. Judge Stafford issued a report and recommendation that suggested the Court grant the motion and award Plaintiff's attorney $7, 323.75 in fees, and that Plaintiff's attorney must refund Plaintiff with the Equal Access to Justice Act (“EAJA”) award of $3, 981. ECF 24, PgID 1607.
Civil Rule 72(b) governs review of a magistrate judge's report and recommendation. De novo review of the magistrate judge's findings is required only if the parties “serve and file specific written objections to the proposed findings and recommendations.” Fed.R.Civ.P. 72(b)(2). Because neither party filed objections, de novo review of the Report's conclusions is not required. After reviewing the record, the Court finds that the magistrate judge's conclusions are factually based and legally sound. Accordingly, the Court will adopt the Report's findings and grant the motion for fees.
WHEREFORE, it is hereby ORDERED that the magistrate judge's Report and Recommendation [24] is GRANTED.
IT IS FURTHER ORDERED that the motion for fees [21] is GRANTED.
IT IS FURTHER ORDERED that Plaintiff's attorney be AWARDED $7, 323.75 and Plaintiff's attorney must REFUND Plaintiff the EAJA award of $3, 981.
SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on April 7, 2022, by electronic and/or ordinary mail.