Vergara v. Commissioner of Social Security

Filing 35

ORDER: (1) The Report and Recommendation of the Magistrate Judge 34 is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. (2) Plaintiff's Unopposed Petition a nd Memorandum in Support for Reasonable Attorney's Fees Pursuant to 41 U.S.C. § 406(b) 31 is GRANTED to the extent set forth below. (3) Plaintiff's counsel, Carol Avard, is awarded $34,520.45 pursuant to 42 U.S.C. § 406(b ), minus the $8,070.50 already received by counsel as EAJA fees. The net award of $26,449.95 shall be paid to counsel from the past-due benefits withheld. To the extent the withheld funds are insufficient to pay the net award, Ms. Avard may follow the appropriate administrative procedures to recover the outstanding amount. (4) The Clerk of the Court is directed to enter judgment accordingly. (5) This file shall remain closed. Signed by Judge Charlene Edwards Honeywell on 4/29/2021. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DOUGLAS EDWARD VERGARA,
Plaintiff,
v.

Case No: 8:18-cv-1141-CEH-JRK

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed
by Magistrate Judge James R. Klindt on April 13, 2021 (Doc. 34). In the Report and
Recommendation, Magistrate Judge Klindt recommends:
1. That Plaintiff’s Unopposed Petition and Memorandum in Support for
Reasonable Attorney’s Fees Pursuant to 41 U.S.C. § 406(b) (Doc. No. 31)
be GRANTED to the extent set forth below;
2. That Plaintiff’s counsel, Carol Avard, be awarded $34,520.45 pursuant to 42
U.S.C. § 406(b), minus the $8,070.50 already received by counsel as EAJA
fees. That the net award of $26,449.95 shall be paid to counsel from the pastdue benefits withheld. That to the extent the withheld funds are insufficient
to pay the net award, Ms. Avard may follow the appropriate administrative
procedures to recover the outstanding amount;
3. That the Clerk of the Court be directed to enter judgment accordingly; and

4. That the file remain closed.
All parties were furnished copies of the Report and Recommendation and were
afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such
objections were filed.
Upon consideration of the Report and Recommendation, and upon this Court's
independent examination of the file, it is determined that the Report and
Recommendation should be adopted. Accordingly, it is now
ORDERED AND ADJUDGED:
(1)

The Report and Recommendation of the Magistrate Judge (Doc. 34) is
adopted, confirmed, and approved in all respects and is made a part of
this Order for all purposes, including appellate review.

(2)

Plaintiff’s Unopposed Petition and Memorandum in Support for
Reasonable Attorney’s Fees Pursuant to 41 U.S.C. § 406(b) (Doc. No.
31) is GRANTED to the extent set forth below.

(3)

Plaintiff’s counsel, Carol Avard, is awarded $34,520.45 pursuant to 42
U.S.C. § 406(b), minus the $8,070.50 already received by counsel as
EAJA fees. The net award of $26,449.95 shall be paid to counsel from
the past-due benefits withheld. To the extent the withheld funds are
insufficient to pay the net award, Ms. Avard may follow the appropriate
administrative procedures to recover the outstanding amount.

(4)

The Clerk of the Court is directed to enter judgment accordingly.

(5)

This file shall remain closed.

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DONE AND ORDERED at Tampa, Florida on April 29, 2021.

Copies to:
The Honorable James R. Klindt
Counsel of Record

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