James R. M. v. Comm'r of Soc. Sec.

Full title: JAMES R. M., JR., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: United States District Court, E.D. Michigan, Northern Division

Date published: Oct 21, 2024

1:22-cv-11713 (E.D. Mich. Oct. 21, 2024)

Opinion

1:22-cv-11713

10-21-2024

JAMES R. M., JR., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

THOMAS L. LUDINGTON UNITED STATES DISTRICT JUDGE

Honorable Patricia T. Morris United States Magistrate Judge

OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING PLAINTIFF'S MOTION FOR ATTORNEY'S FEES

THOMAS L. LUDINGTON UNITED STATES DISTRICT JUDGE

On July 26, 2022, Plaintiff James R. M., Jr. filed a complaint challenging the Commissioner of Social Security's final decision denying her application for Disability Insurance Benefits (DIB). ECF Nos. 1; 21 at PageID.3105; 27 at PageID.3138. On December 14, 2022, Defendant filed a motion for summary judgment. ECF No. 16. Plaintiff filed a cross motion for summary judgment on January 12, 2023. ECF No. 17. On March 10, 2023, this Court granted Plaintiff's summary judgment motion and denied Defendant's, remanding the case for further consideration by an Administrative Law Judge (ALJ) under 42 U.S.C. § 405(g). ECF No. 21.

Plaintiff prevailed on remand. On March 1, 2024, an ALJ approved Plaintiff's application for DIB and awarded him $84,650 in past-due benefits. ECF No. 27 at PageID.3138. Soon after, Attorney Matthew Taylor-who represented Plaintiff in this action-filed a motion seeking $8,000.00 in attorney's fees under 42 U.S.C. § 406(b). ECF No. 23.

Attorney Taylor's Motion was referred to Magistrate Judge Patricia T. Morris, ECF No. 24, who issued a report and recommendation (R&R) on August 28, 2024. ECF No. 27. Judge Morris concluded that the proposed award was proper and recommended this Court grant Attorney Taylor's Motion. Id. at PageID.3142.

Judge Morris provided the Parties 14 days to object, id., but the Parties did not do so. Thus, they have forfeited their right to appeal Judge Morris's findings. See Berkshire v. Dahl, 928 F.3d 520, 530-31 (6th Cir. 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). There is no clear error in Judge Morris's R&R.

Accordingly, it is ORDERED that Magistrate Judge Patricia T. Morris's Report and Recommendation, ECF No. 27, is ADOPTED.

Further, it is ORDERED that Attorney Matthew Taylor's Motion for Attorney's Fees, ECF No. 23, is GRANTED.

Further, it is ORDERED that Plaintiff Counsel Matthew Taylor is AWARDED $8,000.00 in attorney's fees, to be withheld from Plaintiff's past-due disability benefits award.