Gorgoglione v. Commissioner of Social Security

Filing 35

ORDER: The Report and Recommendation of Thomas B. Smith, United States Magistrate Judge 34 is ADOPTED. Plaintiff's Attorney's Motion for an Award of Attorney Fees Under 42 U.S.C. § 406(b) 31 is GRANTED. This Court approves the r equested § 406(b) attorney's fees in the amount of $21,894.51, which shall be paid out of Plaintiff's past due benefits currently being withheld by the Social Security Administration. Signed by Judge Virginia M. Hernandez Covington on 5/5/2015. (KNC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SAMUELE JUN GORGOGLIONE,
Plaintiff,
v.

Case No. 8:13-cv-953-T-33TBS

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
____________________________/
ORDER
This matter is before the Court on consideration of the
Report and Recommendation of United States Magistrate Judge
Thomas B. Smith (Doc. # 34), filed on April 16, 2015. Judge
Smith recommended that Plaintiff’s Attorney’s Motion for an
Award of Attorney Fees Under 42 U.S.C. § 406(b) (Doc. # 31)
be granted, and that this Court approve § 406(b) attorney’s
fees

in

the

amount

of

$21,894.51,

“to

be

paid

out

of

Plaintiff’s past due benefits currently being withheld by the
Social Security Administration.” (See Doc. # 34).
As

of

this

date,

no

objection

to

the

Report

and

Recommendation has been filed, and the time to do so has now
passed. After careful consideration, the Court adopts the
Report and Recommendation of the Magistrate Judge.

Discussion
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
reject,

or

modify

recommendation.

28

the

magistrate

U.S.C.

§

judge’s

636(b)(1);

report

and

Williams

v.

Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459
U.S. 1112 (1983).
In the absence of specific objections, there is no
requirement that a district judge review factual findings de
novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir.
1993), and the court may accept, reject, or modify, in whole
or in part, the findings and recommendations. 28 U.S.C. §
636(b)(1)(C). The district judge reviews legal conclusions de
novo, even in the absence of an objection.

See Cooper-Hous.

v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro
Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla.
1993), aff’d, 28 F.3d 116 (11th Cir. 1994).
After conducting a careful and complete review of the
findings, conclusions, and recommendations, and giving de
novo review to matters of law, the Court accepts the factual
findings and legal conclusions of the Magistrate Judge, and
adopts the recommendation of the Magistrate Judge.

2

Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation of Thomas B. Smith, United
States Magistrate Judge (Doc. # 34) is ADOPTED.

(2)

Plaintiff’s Attorney’s Motion for an Award of Attorney
Fees Under 42 U.S.C. § 406(b) (Doc. # 31) is GRANTED.

(3)

This Court approves the requested § 406(b) attorney’s
fees in the amount of $21,894.51, which shall be paid
out of Plaintiff’s past due benefits currently being
withheld by the Social Security Administration.
DONE and ORDERED in Chambers in Tampa, Florida, this 5th

day of May, 2015.

Copies: All Counsel of Record

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