HARDEN v. COMMISSIONER OF SOCIAL SECURITY

Filing 29

ORDER ADOPTING 28 Report and Recommendations; GRANTING in part and DENYING in part 27 Motion for Direct Payment to Attorneys for the EAJA Award. Accordingly, the motion is GRANTED to the extent it seeks pa yment of attorney fees in the amount of $ 7,212.97. The motion is DENIED to the extent it seeks payment to be remitted directly to counsel. Should the government accept plaintiff's fee assignment, the award should be divided as follows: $6,273.17 to David B. Goetz and $939.80 to Edward B. Claxton. Ordered by US DISTRICT JUDGE MARC T TREADWELL on 6/5/2024. (kat)

THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
M.J.H.,

:
:
Plaintiff,
:
:
v.
: CIVIL ACTION NO.: 5:22-cv-00401 (MTT)
:
COMMISSIONER OF
:
SOCIAL SECURITY,
:
:
Defendant.
:
________________________________ :
ORDER
Plaintiff M.J.H. moves for an award of attorney fees pursuant to the Equal Access
to Justice Act (“EAJA”), 28 U.S.C. § 2412. Doc. 27. Plaintiff requests that attorney fees
in the amount of $6,273.17 and $939.80 be paid to each of his attorneys respectively.
Id. at 3. United States Magistrate Judge Charles H. Weigle recommends that the
motion be granted in part and denied in part. Doc. 28. There are no objections.
Accordingly, pursuant to 28 U.S.C. § 636(b)(1), the Court reviews the Recommendation
for clear error. After review, the Court accepts and adopts the findings, conclusions,
and recommendations of the Magistrate Judge. The Recommendation (Doc. 28) is
ADOPTED and made the Order of the Court. M.J.H.’s motion for an award of attorney
fees (Doc. 27) is GRANTED in part and DENIED in part. An order authorizing payment
of attorney fees in the amount of $ 7,212.97 is appropriate, but an order directing the
government to accept plaintiff’s fee assignment is not. See Astrue v. Ratliff, 560 U.S.
586, 591-93 (2010). Accordingly, the motion is GRANTED to the extent it seeks
payment of attorney fees in the amount of $ 7,212.97. The motion is DENIED to the

extent it seeks payment to be remitted directly to counsel. Should the government
accept plaintiff’s fee assignment, the award should be divided as follows: $6,273.17 to
David B. Goetz and $939.80 to Edward B. Claxton.
SO ORDERED, this 5th day of June, 2024.
s/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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