Tuttle v. Colvin

Filing 42

ORDER Adopting 41 Report and Recommendation for 37 Motion for Fees filed by Birgit E. Tuttle. Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BIRGIT E. TUTTLE,
Case No.16-cv-11144
Plaintiff,
v.

Paul D. Borman
United States District Judge

COMMISSIONER OF SOCIAL
SECURITY,

R. Steven Whalen
United States Magistrate Judge

Defendant.
______________________________/
ORDER (1) ADOPTING MAGISTRATE JUDGE WHALEN’S JANUARY29,
2019 REPORT AND RECOMMENDATION (ECF NO. 41),
(2) GRANTING PLAINTIFF’S COUNSEL’S MOTION FOR AN AWARD OF
ATTORNEY FEES UNDER 42 U.S.C. § 406(b) (ECF NO. 37),
(3) AWARDING AN ATTORNEY FEE OF $8,623.50; and
(4) ORDERING A REFUND TO THE PLAINTIFF OF THE $5,500.00 IN
ATTORNEY FEES PREVIOUSLY AWARDED UNDER THE EAJA
On January 29, 2019, Magistrate Judge R. Steven Whalen issued a Report and
Recommendation to grant Plaintiff’s Attorney’s Petition for Fees and to award
Plaintiff’s counsel $8,623.50 in attorney fees, following a successful award of benefits
to the Plaintiff following a remand to the Commissioner in this case. Magistrate Judge
Whalen further Ordered that Plaintiff’s counsel refund to Plaintiff the $5,500.00 in
attorneys’ fees previously awarded to Plaintiff’s counsel under the Equal Access to
Justice Act (“EAJA”). Having reviewed the Report and Recommendation, and there
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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 the Report and Recommendation (ECF No.
41), GRANTS Plaintiff’s counsel’s motion for an award of fees in the amount of
$8,623.50 (ECF No. 37), and further ORDERS the Plaintiff be refunded the
previously awarded $5,500.00 EAJA fee. The Court requires that Plaintiff’s counsel
submit to the Court an affidavit that the check was provided to Plaintiff.
IT IS SO ORDERED.

s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: March 1, 2019
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
March 1, 2019.

s/Deborah Tofil
Case Manager

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