Tomfohrde v. Kijakazi

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting 29 Motion for Attorney Fees filed by Miranda Kay Tomfohrde. (Written Opinion) Signed by Judge John R. Tunheim on 11/15/2023.(HMA)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
_____________________________________________________________________
Civil No. 22-708 (JRT/LIB)

MIRANDA T., 1

Plaintiff,
ORDER ADOPTING REPORT
AND RECOMMENDATIONS

v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

________________________________________________________________________
Edward C. Olson, Reitan Law Office, 80 South 8th Street, Suite 900,
Minneapolis, Minnesota 55402 for Plaintiff.
David F. Chermol, Chermol & Fishman LLC, 11450 Bustleton Avenue,
Philadelphia, Pennsylvania 19116 for Plaintiff.
Ana H. Voss, United States Attorney’s Office, 300 South 4th Street, Suite
600, Minneapolis, Minnesota 55415 for Defendant.
Emily Carroll, SSA-Ogc, Office of the General Counsel, Suite 350, Social
Security Administration, 1301 Young Street, Mailroom 104, Dallas, Texas,
75202 for Defendant.
Elvi Jenkins, Social Security Administration, 6401 Security Boulevard,
Baltimore Maryland 21235 for Defendant.
James D. Sides, Social Security Administration, Office of the General
Counsel, Office of Program Litigation, Office 4, 6401 Security Boulevard,
Baltimore Maryland 21235 for Defendant.

1 This District has adopted the policy of using only the first name and last initial of any nongovernmental parties in
Social Security opinions such as the present Report and Recommendation. Accordingly, where the Court refers to
Plaintiff by her name only her first name and last initial are provided.

Based upon the Report and Recommendation of United States Magistrate Judge
Leo I. Brisbois, and after an independent review of the files, records and proceedings in
the above-entitled matter, IT IS HEREBY ORDERED that:
1. Plaintiff’s Counsel’s Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b),
[Docket No. 29], is GRANTED in part and DENIED in part, as set forth herein;
2. Plaintiff’s counsel is awarded attorney’s fees in the amount of $11,983.75; and
3. Upon receipt of the awarded attorney’s fees pursuant to § 406(b), Plaintiff’s
counsel is required to refund to Plaintiff the previously awarded EAJA fees, in the
amount of $8,800.00.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: November 15, 2023
at Minneapolis, Minnesota

s/John R. Tunheim
JOHN R. TUNHEIM
United States District Judge