Jackson v. Colvin

Filing 24

ORDER Adopting Report and Recommendation for 21 Report and Recommendation, 16 Motion for Attorney Fees filed by Cheryl Jackson Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHERYL JACKSON,
Case No. 15-14253
Plaintiff,
v.

Paul D. Borman
United States District Judge

COMMISSIONER OF SOCIAL
SECURITY,

Anthony P. Patti
United States Magistrate Judge

Defendant.
______________________________/
ORDER:
(1) ADOPTING REPORT AND RECOMMENDATION (ECF NO. 21);
(2) GRANTING MOTION FOR AUTHORIZATION OF ATTORNEY FEES
UNDER 42 U.S.C. § 406(b) (ECF NO. 16);
(3) AWARDING ATTORNEY FEES IN THE AMOUNT OF $9,732.50; AND
(4) ORDERING PLAINTIFF’S COUNSEL TO REFUND THE $4,488.00 IN
ATTORNEY FEES PREVIOUSLY AWARDED UNDER THE EQUAL
ACCESS TO JUSTICE ACT
On April 9, 2018, Magistrate Judge Anthony P. Patti issued a Report and
Recommendation to grant Plaintiff’s counsel’s Motion for Authorization of Attorney
Fees Pursuant to 42 U.S.C. § 406(b) and to award Plaintiff’s counsel $9,732.50 in
attorney fees, following a successful award of benefits to Plaintiff after a remand to
the Commissioner of Social Security in this case. (ECF No. 21.) Magistrate Judge
Patti further recommended that this Court order Plaintiff’s counsel to refund to
Plaintiff the $4,488.00 in attorneys’ fees previously awarded to Plaintiff’s counsel

under the Equal Access to Justice Act, 28 U.S.C. § 2412.
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 Magistrate Judge Patti’s Report and Recommendation,
GRANTS Plaintiff’s counsel’s motion for an award of fees in the amount of
$9,732.50 (ECF No. 16), and further ORDERS Plaintiff’s counsel to refund to
Plaintiff the $4,488.00 EAJA fee award.
IT IS SO ORDERED.

Dated: April 25, 2018

s/Paul D. Borman
Paul D. Borman
United States District Judge

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 April 25, 2018.
s/D. Tofil
Deborah Tofil, Case Manager

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