Opinion
Civil Action 4:18-CV-317
06-16-2021
SHERYL WARNER v. COMMISSIONER, SSA
Judge Mazzant/Judge Nowak
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On May 26, 2021, the report of the Magistrate Judge (Dkt. #29) was entered containing proposed findings of fact and recommendations that Plaintiffs Motion for and Memorandum in Support of Award of Attorney Fees under 406(b) of the Social Security Act (Dkt. #26) be granted.
Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the Court.
It is therefore ORDERED that Plaintiffs § 406(b) Motion (Dkt. #26) is GRANTED. Plaintiffs attorney is awarded a fee in the amount of fourteen thousand seven hundred seventy-two dollars ($14, 772.00), to be paid from Plaintiffs past due benefits being withheld by the Commissioner for attorney fees. Upon receipt of such payment, Plaintiffs attorney shall refund to Plaintiff the EAJA award previously granted in this cause.
IT IS SO ORDERED.