Tyler v. Social Security, Commissioner of

Filing 23

ORDER Adopting 22 Report and Recommendation and Awarding Attorney Fees and Costs re 19 PETITION for Attorney Fees by William Carl Tyler. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

William Carl Tyler,
Plaintiff,
v.

Case No. 12-14527

Commissioner of Social Security,

Sean F. Cox
United States District Court Judge

Defendant.
_________________________________/
ORDER
ADOPTING 2/27/14 REPORT AND RECOMMENDATION
AND AWARDING ATTORNEY FEES AND COSTS
Plaintiff William Tyler (“Plaintiff”) filed this action challenging the Commissioner’s
denial of his application for Supplemental Security Income. This Court remanded the matter to
the ALJ for further proceedings pursuant to sentence four of 28 U.S.C. § 405(g). Thereafter,
Plaintiff filed a motion seeking attorney fees and costs, which was referred to Magistrate Judge
David Grand for issuance of report and recommendation.
On February 27, 2014, Magistrate Judge Grand issued a Report and Recommendation
(“R&R”) (Docket Entry No. 22) wherein he recommends that this Court grant the motion in part
and deny it in part, and award $4,575.00 in attorney fees, along with costs of $350.00, for a total
award of $4,925.00.
Neither party has filed objections to the R&R and the time permitted for doing so has
passed.
Accordingly, IT IS ORDERED that the R&R is ADOPTED and this Court hereby

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GRANTS IN PART Plaintiff’s motion seeking an award of attorney fees and costs.
The Court hereby ORDERS that Plaintiff is awarded attorney fees under the Equal
Access to Justice Act (“EAJA”) in the amount of $4,575.00 and costs in the amount of $350.00.
Subject to any offset under the Treasury Offset Program, payment of this award shall be made
via the Law Offices of Bernstein & Bernstein. If EAJA fees and costs are not subject to any
offset and an assignment is provided the Social Security Administration, the award shall be paid
directly to the order of William W. Watkinson, Jr.
IT IS SO ORDERED.

S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: March 27, 2014
I hereby certify that a copy of the foregoing document was served upon counsel of record on
March 27, 2014, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager

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