Cuthbertson v. Commissioner of Social Security

Filing 30

ORDER granting 28 Motion for Attorney Fees; Plaintiff is awarded attorney's fees in the amount of $4,580.74. Adopting Report and Recommendations - re 29 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 6/1/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

DIANNE LOWE CUTHBERTSON,
Plaintiff,
v.

Case No: 6:15-cv-2062-Orl-41JRK

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Uncontested Petition for Attorney’s Fees
(Doc. 28). United States Magistrate Judge James R. Klindt issued a Report and Recommendation
(“R&R,” Doc. 29), in which he recommends that Plaintiff’s motion be granted and that in the event
the U.S. Department of Treasury determines that Plaintiff does not owe a federal debt, the
government be directed to pay Plaintiff’s counsel directly.
After a de novo review of the record, and noting that no objections were timely filed, the
Court agrees with the R&R. However, while the Court agrees that the Commissioner of Social
Security can pay Plaintiff’s attorney directly, the Court declines to direct her to do so. Therefore,
it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 29) is ADOPTED and CONFIRMED as
set forth herein.
2. Plaintiff’s Uncontested Petition for Attorney’s Fees (Doc. 28) is GRANTED.
3. Plaintiff is awarded attorney’s fees in the amount of $4,580.74.

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4. The Commissioner may, in her discretion, pay all or part of the attorney’s fees
directly to Plaintiff’s counsel should she determine that it is appropriate to do so.
DONE and ORDERED in Orlando, Florida on June 1, 2017.

Copies furnished to:
Counsel of Record

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