Opinion
Case No.: 3:09cv194/MCR/EMT
12-15-2011
KENNETH HORNE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant.
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated November 8, 2011 (doc. 40). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed.
Having considered the Report and Recommendation and the record, the court determines that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. The Motion for Attorney Fees Under the Social Security Act, 42 U.S.C. § 406(b) (doc. 35) is GRANTED. Petitioner should be awarded attorneys' fees in the amount of $20,244.00, to be paid out of the sums withheld by the Commissioner from the past due benefits of Plaintiff and his daughter.
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M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE