Fisher v. Commissioner of Social Security

Filing 28

ORDER adopting 27 REPORT AND RECOMMENDATIONS re 22 MOTION for Attorney Fees Request for Authorization to Charge a Reasonable Fee filed by Randolph Howard Fisher. Signed by Judge Roy B. Dalton, Jr. on 4/5/2019. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
RANDOLPH HOWARD FISHER,
Plaintiff,
v.

Case No. 6:15-cv-635-Orl-37LRH

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_____________________________________
ORDER
In this social security appeal, Plaintiff sought review of the Commissioner of Social
Security’s (the “Commissioner”) decision to deny him disability benefits. (See Doc. 1.) On
August 3, 2016, the Court reversed the Commissioner’s final decision and remanded the
action for further administrative proceedings. (Doc. 14.) The Court then entered
judgment in favor of Plaintiff. (Doc. 15.) As the prevailing party, Plaintiff’s attorney filed
a motion for attorney’s fees under the Equal Access to Justice Act (“EAJA”) (Doc. 16),
which the Court granted in part for a total of $4,078.38 in attorney’s fees under the EAJA
(Doc. 19).
After the Commissioner found Plaintiff disabled on remand and awarded him
$124,336.00 in past-due benefits (see Doc. 22-2), Plaintiff’s attorney moved for
authorization to charge a reasonable fee under 42 U.S.C. § 406(b) (Doc. 22 (“Fee
Motion”)). Specifically, Plaintiff’s attorney requested authorization to charge Plaintiff
$27,005.62 in accordance with § 406(b) and their fee agreement. (Id.) Plaintiff’s attorney
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later amended the amount of requested fees to $25,084.00. (Doc. 26, p. 1.) On referral,
U.S. Magistrate Judge Leslie R. Hoffman recommends that the Court grant the Fee
Motion in part, authorizing Plaintiff’s counsel to charge Plaintiff the amended fee amount
of $25,084.00. (Doc. 27 (“R&R”).)
No party objected to the R&R, and the time for doing so has now passed. Absent
objections, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo
Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see
also Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no clear error, the
Court concludes that the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Leslie R. Hoffman’s Report and Recommendation
(Doc. 27) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

Richard A. Culbertson’s Request for Authorization to Charge a Reasonable
Fee and Memorandum on Reasonable Fees Pursuant to 42 U.S.C. § 406(b)
(Doc. 22) is GRANTED IN PART to the extent identified in the R&R. In all
other respects the Fee Motion is DENIED.

3.

Plaintiff’s counsel, Richard A. Culbertson, is authorized to charge Plaintiff
a fee under § 406(b) in the amount of $25,084.00.

DONE AND ORDERED in Chambers in Orlando, Florida, on April 4, 2019.

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Copies to:
Counsel of Record

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