Opinion
CIVIL ACTION NO. 9:17-CV-00030-RC
04-22-2020
LAURIE ANN GARLINGTON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.
**NOT FOR PRINTED PUBLICATION**
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION REGARDING ATTORNEY FEES
Before the court is a report and recommendation of the United States magistrate judge regarding the Plaintiff's Motion for Approval of Attorney's Fees. The parties have not filed objections to the report. Having conducted an independent review, the court concludes that the the report of the magistrate judge should be ACCEPTED and the motion should be GRANTED. It is therefore
ORDERED that the Plaintiff's Motion for Approval of Attorney's Fees Pursuant to 42 U.S.C. § 406(b) (Doc. No. 26) is GRANTED. It is further
ORDERED that Counsel Ronald D. Honig is awarded attorney fees under 42 U.S.C. § 406(b) in the amount of $14,731.75. Upon receipt of that payment, Mr. Honig is ORDERED to refund EAJA fees in the amount of $5,639.34 directly to the claimant. See 28 U.S.C. § 2412 note, Act of Aug. 5, 1985, Pub. L. No. 99-80, § 3, 99 Stat. 183, 186; Gisbrecht, 535 U.S. at 796 (requiring attorneys to refund to the claimant the amount of the smaller fee).
So ORDERED and SIGNED April 22, 2020.
/s/_________
Ron Clark, Senior District Judge