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)

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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 2

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