Birne v. Commissioner of Social Security

Filing 29

ORDERED: United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. 28) is ACCEPTED and ADOPTED and the findings are incorporated herein. Plaintiff's Uncontested Petition for Attorney's Fees is GRANTED (Doc. 26). The Commissioner of Social Security must PAY Plaintiff's counsel $21, 909.75 in attorney's fees. Upon Plaintiff's counsel's receipt of these fees, Plaintiff's counsel must REMIT the $8,032.87 prior fee awar d under the EAJA to Plaintiff. If applicable, the Commissioner of Social Security must also PAY directly to Plaintiff any remaining portion of the past-due benefits previously withheld pending the Court's determination of attorney's fees. The Clerk is DIRECTED to enter an amended judgment awarding $21,909.75 to Plaintiff's counsel for attorney's fees. Signed by Judge Sheri Polster Chappell on 10/19/2020. (AEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SANDI BIRNE,
Plaintiff,
v.

Case No.: 2:17-cv-400-FtM-38MRM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

/
OPINION AND ORDER 1

Before the Court is United States Magistrate Judge Mac R. McCoy’s Report
and Recommendation. (Doc. 28). Judge McCoy recommends granting Plaintiff
Sandi Birne’s Motion for Attorney’s Fees and awarding her counsel $21,909.75 in
attorney’s fees. Neither party objects to the Report and Recommendation, and the
time to do so has expired.
A district judge “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). The district judge “shall make a de novo determination of those
portions of the report or specified proposed findings or recommendations to which

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this Order.
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objection is made.” Id. And “[t]he judge may also receive further evidence or
recommit the matter to the magistrate judge with instructions.” Id.
After examining the file independently and upon considering Judge McCoy’s
findings and recommendations, the Court accepts and adopts the Report and
Recommendation.
Accordingly, it is
ORDERED:
(1) United States Magistrate Judge Mac R. McCoy’s Report and
Recommendation (Doc. 28) is ACCEPTED and ADOPTED and the
findings are incorporated herein.
a. Plaintiff’s Uncontested Petition for Attorney’s Fees is GRANTED
(Doc. 26).
b. The Commissioner of Social Security must PAY Plaintiff’s counsel
$21, 909.75 in attorney’s fees.
c. Upon Plaintiff’s counsel’s receipt of these fees, Plaintiff’s counsel
must REMIT the $8,032.87 prior fee award under the EAJA to
Plaintiff.
d. If applicable, the Commissioner of Social Security must also PAY
directly to Plaintiff any remaining portion of the past-due benefits
previously withheld pending the Court’s determination of
attorney’s fees.

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(2) The Clerk is DIRECTED to enter an amended judgment awarding
$21,909.75 to Plaintiff’s counsel for attorney’s fees.
DONE and ORDERED in Fort Myers, Florida on October 19, 2020.

Copies: All Parties of Record

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