OWNBY v. ASTRUE

Filing 37

ORDER ADOPTING 36 REPORT AND RECOMMENDATION ; granting 34 Motion for Attorney Fees. Signed by JUDGE RICHARD SMOAK on 2/8/2012. (jcw)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

DOUGLAS R. OWNBY,
Plaintiff,
v.

CASE NO. 5:09-cv-10-RS-EMT

MICHAEL J. ASTRUE, Commissioner
of the Social Security Administration,
Defendant.
_________________________________/
ORDER
Before me is the Magistrate Judge’s Report and Recommendation (Doc. 36).
No objections have been filed.
IT IS ORDERED:
1.

The Magistrate Judge’s Report and Recommendation is
approved and incorporated in this Order.

2.

The Petition for Authorization of Attorney Fee pursuant to the
Social Security Act (Doc. 34) is GRANTED.

3.

Plaintiff’s counsel, Heather Freeman, is awarded attorney’s fees
in the amount of $36,682.75, to be paid out of the sums
withheld by the Commissioner from Plaintiff’s past due
benefits.

4.

Upon receipt of attorney’s fees in the amount of $36,682.75
pursuant to 42 U.S.C. § 406(b), Plaintiff’s counsel, Heather
Freeman, shall immediately refund to Plaintiff the previously
awarded EAJA fee in the amount of $5,107.57.

ORDERED on February 8, 2012.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE