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Guzman v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Oct 7, 2019
15 CV 3920 (VB) (S.D.N.Y. Oct. 7, 2019)

Opinion

15 CV 3920 (VB)

10-07-2019

LUIS GUZMAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


ORDER :

Before the Court is Magistrate Judge Lisa M. Smith's Report and Recommendation ("R&R"), dated August 1, 2019 (Doc. #37), on plaintiff's motion for approval of the contingent fee agreement between himself and his attorney pursuant to 42 U.S.C. § 406(b). Judge Smith recommended the Court grant plaintiff's motion for attorney's fees in the amount of $16,712.25 and order plaintiff's counsel promptly to refund to plaintiff $6,130.00, the amount of attorney's fees previously awarded under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412.

A district court reviewing a magistrate judge's report and recommendation "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). Parties may raise objections to the magistrate judge's report and recommendation, but they must be "specific[,] written," and submitted within fourteen days after being served with a copy of the recommended disposition, Fed. R. Civ. P. 72(b)(2); 28 U.S.C. § 636(b)(1), or within seventeen days if the parties are served by mail. See Fed. R. Civ. P. 6(d).

Neither party objected to Judge Smith's thorough and well-reasoned R&R. The Court further has carefully reviewed the R&R and finds no error, clear or otherwise.

Accordingly, the Court adopts the R&R as the opinion of the Court, and plaintiff's motion for approval of the contingent fee agreement is GRANTED. Plaintiff's counsel is entitled to recover $16,712.25 in attorney's fees under 42 U.S.C. § 406(b). However, upon plaintiff's counsel's receipt of funds awarded under 42 U.S.C. § 406(b), plaintiff's counsel promptly shall refund directly to plaintiff the $6,130.00 he received under the EAJA.

The Clerk is instructed to terminate the motion (Doc. #32). Dated: October 7, 2019

White Plains, NY

SO ORDERED:

/s/_________

Vincent L. Briccetti

United States District Judge


Summaries of

Guzman v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Oct 7, 2019
15 CV 3920 (VB) (S.D.N.Y. Oct. 7, 2019)
Case details for

Guzman v. Comm'r of Soc. Sec.

Case Details

Full title:LUIS GUZMAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Oct 7, 2019

Citations

15 CV 3920 (VB) (S.D.N.Y. Oct. 7, 2019)

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