BAGGETT v. ASTRUE

Filing 28

ORDER ADOPTING 27 REPORT AND RECOMMENDATION. The "Unopposed Motion for Attorney Fees under the Social Security Act, 42 U.S.C. § 406(b)" (doc. 24 ) is GRANTED. Plaintiff's counsel, John M. Pennington, is awa rded attorney's fees in the amount of $17,795.55, to be paid out of the sums withheld by the Commissioner from Plaintiff's past due benefits. Upon receipt of attorney's fees pursuant to 42 U.S.C. § 406(b), Plaintiff's counsel, John M. Pennington, shall immediately refund to Plaintiff any or all of the previously awarded EAJA fees that have not already been refunded to Plaintiff. Signed by CHIEF JUDGE M CASEY RODGERS on 4/29/2014. (sdw)

Page 1 of 2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JUDY BAGGETT,
Plaintiff,
v.

Case No. 3:10cv447/MCR/EMT

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
_________________________________/
ORDER
This cause comes on for consideration upon the Chief Magistrate Judge’s Report
and Recommendation dated March 25, 2014 (doc. 27). The parties have been furnished
a copy of the Report and Recommendation and have been afforded an opportunity to file
objections pursuant to Title 28, United States Code, Section 636(b)(1).

No timely

objections have been filed.
Having considered the Report and Recommendation, the Court has determined that
the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The Chief Magistrate Judge’s Report and Recommendation is adopted and

incorporated by reference in this Order.
2.

The “Unopposed Motion for Attorney Fees under the Social Security Act, 42

U.S.C. [§] 406(b)” (doc. 24) is GRANTED.
3.

Plaintiff’s counsel, John M. Pennington, is awarded attorney’s fees in the

amount of $17,795.55, to be paid out of the sums withheld by the Commissioner from
Plaintiff’s past due benefits.
4.

Upon receipt of attorney’s fees pursuant to 42 U.S.C. § 406(b), Plaintiff’s

counsel, John M. Pennington, shall immediately refund to Plaintiff any or all of the

Page 2 of 2

previously awarded EAJA fees that have not already been refunded to Plaintiff.
DONE and ORDERED this 29th day of April, 2014.

M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No. 3:10cv447/MCR/EMT