Moran v. Social Security

Filing 26

ORDER adopting 25 Report and Recommendation and granting 21 petitioner's Motion for Attorney Fees. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KIMBERLY LYNN MORAN,
Plaintiff,

CASE NO. 16-CV-10650

v.

HON. GEORGE CARAM STEEH

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER ACCEPTING REPORT AND
RECOMMENDATION (Doc. 25) AND GRANTING
PETITIONER’S MOTION FOR ATTORNEY FEES (Doc. 21)
Now before the court is a motion for attorney fees pursuant to 42
U.S.C. § 406(b) filed by Plaintiff’s counsel, Petitioner Diane M. Kwitoski.
Petitioner represented Plaintiff Kimberly Lynn Moran in this action in which
Plaintiff prevailed and was awarded social security disability benefits. The
matter was referred to Magistrate Judge Elizabeth A. Stafford who has now
issued a report and recommendation recommending that the court grant
Petitioner’s motion and award fees, and order that Petitioner refund the
amount previously awarded under the Equal Access to Justice Act (“EAJA”)
to Plaintiff.
The magistrate judge specifically stated that any objections to her
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report were to be filed within 14 days of service, and that failure to file such
objections constituted a waiver of any further right to appeal. See Thomas
v. Arn, 474 U.S. 140, 155 (1985). No such objections were filed by either
party and the time period for doing so has expired.
The court has reviewed the record and briefing in this matter, as well
as the magistrate judge’s report and recommendation, and adopts the result
recommended therein. Accordingly, Petitioner’s motion for attorney fees
pursuant to § 406(b) (Doc. 21) is GRANTED, and Petitioner is AWARDED
$9,432.00 in attorney’s fees, and is ORDERED to refund to Plaintiff the EAJA
award of $3,500.
IT IS FURTHER ORDERED that the magistrate judge’s report and
recommendation (Doc. 25) is ACCEPTED.
IT IS SO ORDERED.

Dated: November 5, 2018
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
November 5, 2018, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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