Richardson v. Social Security, Commissioner of

Filing 33

Order Adopting 32 Report and Recommendation and Granting 26 Plaintiff's Application for Attorneys' Fees. Signed by District Judge Avern Cohn. (SCha)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DONALD RICHARDSON,
Plaintiff,
Case No. 12-10131
v.
HONORABLE AVERN COHN
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
____________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 32)
AND
GRANTING PLAINTIFF’S APPLICATION FOR ATTORNEYS’ FEES (Doc. 26)
I.
This is a social security case. Plaintiff Donald Richardson appealed from the final
determination of the Commissioner of Social Security (Commissioner) that he is not
disabled and therefore not entitled to disability insurance benefits. The matter was
referred to a magistrate judge for all pretrial proceedings. Plaintiff and the
Commissioner filed cross motions for summary judgment. The magistrate judge issued
a report and recommendation (MJRR) recommending that plaintiff’s motion be granted
as to a remand and the Commissioner’s motion be denied. Neither party objected. The
Court adopted the MJRR and remanded the matter. (Doc. 24).
Thereafter, plaintiff filed an application for attorney fees (Doc. 32), requesting
$7,096.29 in fees and costs. The Commissioner responded, arguing that the amount
requested should be reduced. (Doc. 28). The Court referred the petition to the
magistrate judge for a report and recommendation. The magistrate judge recommends
that the petition be granted and plaintiff be awarded $6,416.35 in fees and costs. In so

doing, the magistrate judge carefully explained the reasons for the reduction from the
requested amount. The magistrate judge also recommends (MJRR at p. 2) that
the Commissioner be ordered to determine, within 14 days
of a final order granting the motion, whether Plaintiff owes
the Government a pre-existing debt. If no such debt is
owed, payment of such fees should be made directly to
Plaintiff’s attorney. If Plaintiff does owe a debt, the EAJA
fees should be offset by the amount of the debt, and the
payment of any remaining fees should be made directly to
Plaintiff’s attorney.
II.
Neither party has filed objections to the MJRR and the time for filing objections
has passed. The failure to file objections to the report and recommendation waives any
further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d
1370, 1373 (6th Cir.1987). Likewise, the failure to object to the magistrate judge's
report releases the Court from its duty to independently review the motions. Thomas v.
Arn, 474 U.S. 140, 149 (1985).
However, the Court has reviewed the MJRR and agrees with the magistrate
judge. Accordingly, the findings and conclusions of the magistrate judge are ADOPTED
as the findings and conclusions of the Court. Plaintiff’s application for attorneys’ fees is
GRANTED.
SO ORDERED.
s/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE

Dated: August 28, 2013

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12-10131 DONALD RICHARDSON v
COMMISSIONER OF SOCIAL SECURITY
I hereby certify that a copy of the foregoing document was mailed to the attorneys of
record on this date, August 28, 2013, by electronic and/or ordinary mail.

s/Sakne Chami
Case Manager, [phone]

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