Lewandowski-Farr v. Social Security, Commissioner of

Filing 38

ORDER Adopting 37 Report and Recommendation Granting 33 Motion for Attorney Fees [with conditions] filed by Jessica Anne Lewandowski-Farr. Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JESSICA ANNE LEWANDOWSKI-FARR,
Case No. 12-12753
Plaintiff,
Paul D. Borman
United States District Judge
v.
David R. Grand
United States Magistrate Judge
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
______________________________/

ORDER (1) ADOPTING THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION (ECF NO. 37) AND (2) AWARDING $7,220.75 IN ATTORNEY FEES
PURSUANT TO 42 U.S.C. § 406(b) PROVIDED HE REFUND THE AMOUNT
PREVIOUSLY AWARDED PURSUANT TO THE EAJA

Before the Court is Magistrate Judge David R. Grand’s July 30, 2014 Report and
Recommendation regarding Plaintiff’s counsel’s Motion for Attorney Fees pursuant to 42 U.S.C.
§ 406(b). (Report and Recommendation, ECF No. 37). The Magistrate Judge recommends that
this Court grant Plaintiff’s counsel’s Motion for Attorney Fees and award Plaintiff’s counsel fees
in the amount of $7,220.75 (which represents 25% of the past due benefits, less $6,000.00 that
was paid to administrative counsel), provided that he refund the amount previously awarded by
the Court pursuant to the Equal Access to Justice Act ($5,518.00).
Having reviewed the Report and Recommendation, and there being no timely objections
from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the Court ADOPTS
the Report and Recommendation (ECF No. 37), and AWARDS Plaintiff’s counsel attorney fees
in the amount of $7,220.75 pursuant 42 U.S.C. § 406(b), provided that he refund the amount

previously awarded by the Court pursuant to the Equal Access to Justice Act.
IT IS SO ORDERED.

s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: August 22, 2014
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party
of record herein by electronic means or first class U.S. mail on August 22, 2014.

s/Deborah Tofil
Case Manager

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