JALBERT v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER

Filing 23

ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE accepting 22 REPORT AND RECOMMENDED DECISION re 19 MOTION for Attorney Fees Pursuant to EAJA, granting 19 Motion for Attorney Fees By JUDGE JON D. LEVY. (clp)

Case 2:22-cv-00174-JDL Document 23 Filed 05/18/23 Page 1 of 2

PageID #: 755

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
DAVID J.,

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Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of
Social Security,
Defendant.

No. 2:22-cv-00174-JDL

ORDER ACCEPTING THE RECOMMENDED DECISION OF THE
MAGISTRATE JUDGE
Plaintiff David J. filed a Motion for Attorney’s Fees (ECF No. 19) pursuant to
the Equal Access to Justice Act (“EAJA”), 28 U.S.C.A. § 2412 (West 2022), after his
case was voluntarily remanded at the Commissioner’s request. The parties do not
dispute that the Plaintiff is entitled to an award of reasonable attorney’s fees and
costs as a prevailing party under the EAJA, but the Commissioner opposes the
amount of compensation that Plaintiff has requested.
On April 25, 2023, United States Magistrate Judge Karen Frink Wolf filed her
Recommended Decision (ECF No. 22) on the motion pursuant to 28 U.S.C.A.
§ 636(b)(1)(B) (West 2022) and Fed. R. Civ. P. 72(b). The time within which to file
objections has expired, and no objections have been filed. The Magistrate Judge
notified the parties that failure to object would waive their right to de novo review
and appeal.

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Case 2:22-cv-00174-JDL Document 23 Filed 05/18/23 Page 2 of 2

Notwithstanding

this

waiver,

I

have

reviewed

and

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considered

the

Recommended Decision, together with the entire record, and I have made a de novo
determination of all matters adjudicated by the Magistrate Judge. I concur with the
recommendations of the Magistrate Judge for the reasons set forth in her
Recommended Decision and determine that no further proceeding is necessary.
It is therefore ORDERED that the Recommended Decision (ECF No. 22) of
the Magistrate Judge is hereby ACCEPTED, and the Plaintiff’s motion (ECF No. 19)
is GRANTED as follows: attorney’s fees and costs are awarded in the amount of
$6,231.60 for attorney time ($230.80 x 27 hours) and $104.50 for paralegal time
($95.00 x 1.1 hours) for a total award of $6,336.10.
SO ORDERED.
Dated: May 18, 2023.
/s/ Jon D. Levy
CHIEF U.S. DISTRICT JUDGE

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