Smith v. Commissioner of Social Security

Filing 47

OPINION AND ORDER ADOPTING the Report and Recommendation 46 in its entirety and ACCEPTS the recommended disposition. Plaintiff's MOTION for Attorney Fees 41 is GRANTED in the amount of $12,637.32. The Court ORDERS that payment by the Commissioner in the amount of $12,637.32 be made directly to Randal Forbes. Signed by Judge Theresa L Springmann on 3/7/12. (jcp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
JILL M. SMITH,

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Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security
Administration,
Defendant.

CASE NO.: 1:10-CV-163-TLS

OPINION AND ORDER
The Plaintiff, Jill M. Smith, brought this action pursuant to 42 U.S.C. § 405(g), which
resulted in a remand of the Commissioner’s final decision denying her application under the
Social Security Act for disability benefits. This matter is now before the Court on the Report and
Recommendation [ECF No. 46] of United States Magistrate Judge Roger B. Cosbey, filed on
February 16, 2012. In his Report and Recommendation, Judge Cosbey recommends that the
Plaintiff’s Application for Attorneys’ Fees Under the EAJA [ECF No. 41] be GRANTED, except
that the requested fee award of $16,673.38 be reduced to $12,637.32, reflecting a downward
adjustment in the total number of hours of legal work from 92.95 to 70.45.
This Court’s review of a magistrate’s report and recommendation is governed by 28
U.S.C. § 636(b)(1), which provides in part:
A judge of the court shall make a de novo determination of those portions of the
report or specified proposed findings and recommendations to which objection is
made. A judge of the court may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate judge. The judge may also
receive further evidence or recommit the matter to the magistrate judge with
instructions.

The statute permits objections to the magistrate’s report and recommendations to be made within
fourteen days of service of a copy of the report. Id.; see also Fed. R. Civ. P. 72(b) (setting forth
procedures for objecting to a magistrate’s report and recommendation and the district court’s
resolution of any objections).
As of the date of this Order, no objection to the Report and Recommendation has been
filed, and the time for making objections has now passed. Having reviewed the Report and
Recommendation prepared by Judge Cosbey, the Court ADOPTS the Report and
Recommendation [ECF No. 46] in its entirety and ACCEPTS the recommended disposition. The
Plaintiff’s Application [ECF No. 41] is GRANTED in the amount of $12,637.32. The Court
ORDERS that payment by the Commissioner in the amount of $12,637.32 be made directly to
Randal Forbes.
SO ORDERED on March 7, 2012.
s/ Theresa L. Springmann
THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT

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