Szostek v. SSA, Commissioner of

Filing 23

ORDER Adopting 22 Report and Recommendation for Granting 20 Motion for Attorney Fees, filed by Jeffrey Szostek, Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Jeffrey Szostek,
Plaintiff,
v.

Case No. 14-11531

Commissioner of Social Security,

Sean F. Cox
United States District Court Judge

Defendant.
______________________________/
ORDER ADOPTING
11/22/17 REPORT AND RECOMMENDATION
This matter is before the Court on a “Report and Recommendation To Grant Petitioner’s
Application for Section 406(b) Attorney Fees,” issued by Magistrate Judge Elizabeth Stafford on
November 22, 2017. Magistrate Judge Stafford notes that the “Commissioner does not object to
an award in the amount Miller Cohen requests,” and recommends “that Miller Cohen’s motion
be GRANTED, notwithstanding its failure to apply for attorney fees pursuant to the Equal
Access to Justice Act (EAJA).” (D.E. No. 22 at Pg ID 987).
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a
matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after
being served with a copy of the R&R. “The district judge to whom the case is assigned shall
make a de novo determination upon the record, or after additional evidence, of any portion of the
magistrate judge’s disposition to which specific written objection has been made.” Id.
The time for filing objections to the R&R has expired and the docket reflects that neither
party has filed objections to the R&R. The Court hereby ADOPTS the November 22, 2017,
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R&R and ORDERS that Miller Cohen’s motion for 42 U.S.C. § 406(b) attorney fees is
GRANTED and that it is hereby AWARDED $4,987.50.
IT IS SO ORDERED.
s/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: January 12, 2018
I hereby certify that a copy of the foregoing document was served upon counsel of record on
January 12, 2018, by electronic and/or ordinary mail.
s/Jennifer McCoy
Case Manager

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