Ryan v. Kijakazi
Filing
32
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 25 Motion for Attorney Fees filed by Thalassa Ryan, 31 Report and Recommendation. See Order for details. (Written Opinion) Signed by Judge Katherine M. Menendez on 1/27/2025. (BJP)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Thalassa R.,
No. 21-cv-2696 (KMM/ECW)
Plaintiff,
v.
ORDER
Carolyn Colvin, Acting Commissioner of
Social Security,
Defendant.
This matter is before the Court on the Report and Recommendation (“R&R”) issued
by United States Magistrate Judge Elizabeth Cowan Wright on December 6, 2024. In the
R&R, Judge Wright recommends that Plaintiff’s Counsel’s Motion for Attorney’s Fees
under 42 U.S.C. § 406(b) be granted. There have been no objections to the R&R. In the
absence of objections, the Court reviews an R&R for clear error. Nur v. Olmsted Cnty., 563
F. Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon,
73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Having reviewed the R&R and the entire
record in this matter, the Court finds no error and accepts the R&R in full.
Accordingly, IT IS HEREBY ORDERED THAT:
1. The Report and Recommendation (Doc. 31) is ACCEPTED.
2. Plaintiff’s Counsel’s Motion for Attorney’s Fees under 42 U.S.C. § 406(b) (Doc. 25)
is GRANTED.
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3. Plaintiff’s counsel is AWARDED $28,316.75 for reasonable attorney’s fees under
42 U.S.C. § 406(b) out of Plaintiff’s past-due benefits in accordance with agency
policy.
4. In accordance with 42 U.S.C. § 406(b) and Gisbrecht v. Barnhart, 535 U.S. 789
(2002), Plaintiff’s counsel shall refund to Plaintiff the amount of $9,154.00, which
represents the Equal Access to Justice Act fees previously awarded to counsel
(Doc. 24), within 14 days of receipt of the $28,316.75 from the Commissioner.
Date: January 27, 2025
s/Katherine Menendez
Katherine Menendez
United States District Judge
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