Patton v. Saul

Filing 36

ORDER ADOPTING the 35 REPORT AND RECOMMENDATIONS as the Court's opinion, granting Plaintiff's consent 34 Motion for Attorney's Fees pursuant to the Social Security Act, 42 U.S.C. § 406(b). Upon receipt of the § 406(b) fee award, Plaintiff's counsel must refund the previously received EAJA fee award amount directly to Plaintiff. Signed by Judge William T. Moore, Jr on 11/17/2022. (jlh)

Case 4:20-cv-00174-WTM-CLR Document 36 Filed 11/17/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

RODNEY PATTON,

Plaintiff,
CASE NO. CV420-174

V.

KILOLO KIJAKAZI, Acting
Commissioner of Social

Security,
Defendant.

ORDER

Before the Court is the Magistrate Judge's October 26, 2022,

Report and Recommendation {Doc. 35), to which no party has filed
objections. After a careful review of the record,^ the report and
recommendation (Doc. 35) is ADOPTED as the Court's opinion in this

case. Plaintiff's Unopposed Consent Motion for Attorney's Fees
Pursuant to the Social Security Act, 42 U.S.C. § 406(b) (Doc. 34)
is GRANTED. Plaintiff is awarded $25,280.00 in attorney's fees,

which is equal to 25 percent of the total past due benefits awarded
to

Plaintiff

as

contemplated

by

the

contingent

fee

agreement

^ The Court reviews de novo a magistrate judge's findings to which

a party objects, and the Court reviews for clear error the portions
of a report and recommendation to which a party does not object.
28 U.S.C. § 636(b)(1); see Merchant v. Nationwide Recovery Serv.,

Inc., 440 F. Supp. 3d 1369, 1371 (N.D. Ga. 2020) (outlining the
standard of review for report and recommendations (citing Macort
V. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006) (per
curiam))).

Case 4:20-cv-00174-WTM-CLR Document 36 Filed 11/17/22 Page 2 of 2

between Plaintiff and counsel. The Court has already awarded fees

under the Equal Access to Justice Act ("EAJA") totaling $6^614.58.
(Doc. 31.) Therefore, upon receipt of the § 406(b) fee award.
Plaintiff's counsel must refund the previously received EAJA fee

award amount directly to Plaintiff. (Doc. 35 at 4 (citing Gisbrecht
V. Barnhart, 535 U.S. 789, 796, 22 S. Ct. 1817, 1822, 152 L. Ed.
2d 996 (2002)).)

SO ORDERED this

day of November 2022.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA