Hilton v. Commissioner of Social Security

Filing 23

ORDER granting 21 Motion for Attorney Fees to the extent that it seeks an award of attorney's fees in the amount of $3,754.17 and costs in the amount of $400.00. Plaintiff is awarded attorney's fees in the amount of $ 3,754.17. Plaintiff is also awarded costs in the amount of $400.00. In all other respects, the Motion is DENIED. Adopting Report and Recommendations - re 22 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 7/26/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

MICHELE LOUISE HILTON,
Plaintiff,
v.

Case No: 6:16-cv-187-Orl-41GJK

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Uncontested Motion for Attorney’s Fees
(“Motion,” Doc. 21). United States Magistrate Judge Gregory J. Kelly submitted a Report and
Recommendation (Doc. 22), in which he recommends that the Court grant the Motion to the extent
that it requests $3,754.17 in attorney’s fees and $400.00 in costs. However, Judge Kelly also
recommends that the Court deny the motion to the extent that it asks the Court to order that costs
and fees be paid directly to Plaintiff’s counsel, pursuant to the assignment in Plaintiff’s retainer
agreement (Doc. 21-1).
After a de novo review of the record, and noting that no objections were timely filed, the
Court agrees with the Report and Recommendation. It is therefore ORDERED and ADJUDGED
as follows:
1. The Report and Recommendation (Doc. 22) is ADOPTED and CONFIRMED and
made a part of this Order.

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2. Plaintiff’s Uncontested Motion for Attorney’s Fees (Doc. 21) is GRANTED to the
extent that it seeks an award of attorney’s fees in the amount of $3,754.17 and costs
in the amount of $400.00.
3. Plaintiff is awarded attorney’s fees in the amount of $3,754.17.
4. Plaintiff is also awarded costs in the amount of $400.00.
5. In all other respects, the Motion is DENIED. 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 July 26, 2017.

Copies furnished to:
Counsel of Record

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