Bailey v. Commissioner of Social Security

Filing 25

ORDER granting 23 Motion for Attorney Fees to the extent it seeks an award of attorney's fees in the amount of $5,008.12, in all other respects, the motion is DENIED. Plaintiff is awarded attorney's fees in the amount of $5,008.12. Adopting Report and Recommendations - re 24 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 1/4/2018. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

MICHAEL WAYNE BAILEY,
Plaintiff,
v.

Case No: 6:16-cv-1429-Orl-41GJK

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Unopposed Motion for Award of Attorney
Fees (Doc. 23). United States Magistrate Judge Gregory J. Kelly submitted a Report and
Recommendation (Doc. 24), in which he recommends that the Court grant the motion to the extent
that it requests $5,008.12 in attorney’s fees and that the Court otherwise deny the motion.
Specifically, Judge Kelly recommends that the Court reject Plaintiff’s request that the attorney’s
fees be paid directly to Plaintiff’s counsel. (Id. at 3).
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. 24) is ADOPTED and CONFIRMED and
made a part of this Order.
2. Plaintiff’s Unopposed Motion for Award of Attorney Fees (Doc. 23) is GRANTED
to the extent it seeks an award of attorney’s fees in the amount of $5,008.12.
3. Plaintiff is awarded attorney’s fees in the amount of $5,008.12.

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4. 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 January 4, 2018.

Copies furnished to:
Counsel of Record

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