Pizzo v. Social Security, Commissioner of
Filing
29
ORDER Accepting 26 Report and Recommendation granting in part 20 Motion for Attorney Fees filed by EMANUEL PIZZO and remanding to the Commissioner. Signed by District Judge George Caram Steeh (MBea)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EMANUEL PIZZO,
Plaintiff,
Case No. 13-CV-11344
HON. GEORGE CARAM STEEH
vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
___________________________/
ORDER ACCEPTING MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATION [DOC. 26]
Plaintiff Emanuel Pizzo filed a motion for fees and costs under the Equal Access
to Justice Act (“EAJA”), which was referred to the magistrate judge for report and
recommendation. On November 14, 2014, the magistrate judge issued a report and
recommendation recommending that plaintiff’s motion for attorney fees be granted in
part and the case be remanded to the Commissioner to determine whether the
assignment to plaintiff’s counsel is valid and whether plaintiff is indebted to the
government.
The Commissioner filed objections to the report and recommendation within the
established time period. The Commissioner objects to the recommendation that plaintiff
be awarded an enhanced hourly rate of $187.02, adjusted for increases to the cost of
living, as opposed to the $125.00 per hour presumptive ceiling. The Commissioner also
objects to the hours claimed for attorney work as being excessive
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given the replication of content that appears in the district court brief and filings at the
administrative level.
The magistrate judge thoroughly considered and analyzed the Commissioner’s
arguments before arriving at his recommendation. This court agrees with the
magistrate judge’s reasoning and conclusions, and is not persuaded otherwise by any
of the arguments contained in the Commissioner’s objections. Now, therefore,
IT IS HEREBY ORDERED that the magistrate judge's report and
recommendation is accepted.
IT IS HEREBY FURTHER ORDERED that plaintiff’s motion for attorney fees is
GRANTED in part. Fees of $7,750.11 and costs of $350.00 are awarded to plaintiff.
IT IS HEREBY FURTHER ORDERED that the case is remanded to the
Commissioner to determine whether the assignment to plaintiff’s counsel is valid and
whether plaintiff is indebted to the government. If the assignment is valid and plaintiff is
not indebted to the government, the attorney fee award may be payable directly to
plaintiff’s counsel.
Dated: December 15, 2014
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
December 15, 2014, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk
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