Birne v. Comm'r of Soc. Sec.

Full title: SANDI BIRNE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

Date published: Oct 19, 2020

Case No.: 2:17-cv-400-FtM-38MRM (M.D. Fla. Oct. 19, 2020)

Opinion

Case No.: 2:17-cv-400-FtM-38MRM

10-19-2020

SANDI BIRNE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE

OPINION AND ORDER ¹

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Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation. (Doc. 28). Judge McCoy recommends granting Plaintiff Sandi Birne's Motion for Attorney's Fees and awarding her counsel $21,909.75 in attorney's fees. Neither party objects to the Report and Recommendation, and the time to do so has expired.

A district judge "may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). The district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." Id. And "[t]he judge may also receive further evidence or recommit the matter to the magistrate judge with instructions." Id.

After examining the file independently and upon considering Judge McCoy's findings and recommendations, the Court accepts and adopts the Report and Recommendation.

Accordingly, it is

ORDERED:

(1) United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. 28) is ACCEPTED and ADOPTED and the findings are incorporated herein.

a. Plaintiff's Uncontested Petition for Attorney's Fees is GRANTED (Doc. 26).

b. The Commissioner of Social Security must PAY Plaintiff's counsel $21, 909.75 in attorney's fees.

c. Upon Plaintiff's counsel's receipt of these fees, Plaintiff's counsel must REMIT the $8,032.87 prior fee award under the EAJA to Plaintiff.

d. If applicable, the Commissioner of Social Security must also PAY directly to Plaintiff any remaining portion of the past-due benefits previously withheld pending the Court's determination of attorney's fees.

(2)The Clerk is DIRECTED to enter an amended judgment awarding $21,909.75 to Plaintiff's counsel for attorney's fees.

DONE and ORDERED in Fort Myers, Florida on October 19, 2020.

/s/ _________

SHERI POLSTER CHAPPELL

UNITED STATES DISTRICT JUDGE Copies: All Parties of Record