Koerner v. Astrue

Filing 40

ORDER signed by Judge Lawrence K. Karlton on 3/13/12; IT IS ORDERED that the Findings and Recommendations filed February 17, 2012, are ADOPTED and Plaintiff's request for EAJA fees is granted and plaintiff is awarded $5,178.28 in attorney&# 039;s fees under EAJA, said fees made payable to plaintiff; however, plaintiff is to in turn pay these fees to his attorney. Plaintiff's request for fees under 42 U.S.C 406(b) is granted in the amount of $6,159.72. The Commissioner is dire cted to pay plaintiff's counsel the sum of $6,159.72 in § 406(b) attorneys' fees with the remainder withheld from the back benefits ($5,178.28), i.e., the amount of EAJA fees, to be disbursed to plaintiff. The sum payable to plaintiff's counsel shall be increased by any administrative offset imposed on the EAJA fee.(Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS KOERNER,

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Plaintiff,
vs.

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No. CIV S-09-2240 LKK GGH (TEMP)

MICHAEL J. ASTRUE,
Commissioner of Social Security,

ORDER

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Defendant.
__________________________________/
On February 17, 2012, the magistrate judge filed findings and recommendations

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herein which were served on the parties and which contained notice that any objections to the

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findings and recommendations were to be filed within fourteen days. No objections were filed.
Accordingly, the court presumes any findings of fact are correct. See Orand v.

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United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983).

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The court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full.

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Accordingly, IT IS ORDERED that the Findings and Recommendations filed

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February 17, 2012, are ADOPTED and
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1. Plaintiff’s request for EAJA fees is granted and plaintiff is awarded $5,178.28

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in attorney’s fees under EAJA, said fees made payable to plaintiff; however, plaintiff is to in turn

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pay these fees to his attorney.

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2. Plaintiff’s request for fees under 42 U.S.C 406(b) is granted in the amount of

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$6,159.72. The Commissioner is directed to pay plaintiff’s counsel the sum of $6,159.72 in

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§ 406(b) attorneys’ fees with the remainder withheld from the back benefits ($5,178.28), i.e. ,

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the amount of EAJA fees, to be disbursed to plaintiff. The sum payable to plaintiff’s counsel

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shall be increased by any administrative offset imposed on the EAJA fee.

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DATED: March 13, 2012.

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