Clour v. Kijakazi

Filing 50

ORDER ACCEPTING REPORT AND RECOMMENDATIONS. IT IS HEREBY ORDERED that:The May 31, 2024 R&R (Doc. No. 49) is ACCEPTED. Plaintiff's Motion for Authorization of Attorney Fees Pursuant to 42 U.S.C. § 406(b) (Doc. No. 43) is GRANTED. Plaintiff& #039;s counsel shall be awarded $31,802 in fees, reduced by the Court's original Equal Access to Justice Act ("EAJA") fee award of $8,000, for a net total fee of $23,802, to be paid from Plaintiff's past-due benefits, pursuant to 42 U.S.C. § 406(b). (Written Opinion) Signed by Judge Jerry W. Blackwell on 7/9/2024. (DMD)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Charles C., 1 Civ. No. 22-2054 (JWB/DJF) Plaintiff, v. Kilolo Kijakazi, Acting Commissioner of the Social Security Administration, ORDER ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE Defendant. Bryan Konoski, Esq., Kira Treyvus, Esq., Konoski & Partners, P.C.; James H. Greeman, Esq., Greeman Toomey, counsel for Plaintiff. Ana H. Voss, Esq., United States Attorney’s Office; Emily Carroll, Esq., and James D. Sides, Esq., Social Security Administration, counsel for Defendant. United States Magistrate Judge Dulce J. Foster issued a Report and Recommendation (“R&R”) on May 31, 2024. (Doc. No. 49.) No objections have been filed to that R&R in the time permitted. Absent timely objections, the R&R is reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, no clear error is found. Based on the R&R of the Magistrate Judge, and on all the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The May 31, 2024 R&R (Doc. No. 49) is ACCEPTED; 2. Plaintiff’s Motion for Authorization of Attorney Fees Pursuant to 42 U.S.C. This District has adopted the policy of using only the first name and last initial of any nongovernmental parties in social security appeals. 1 § 406(b) (Doc. No. 43) is GRANTED; and 3. Plaintiff’s counsel shall be awarded $31,802 in fees, reduced by the Court’s original Equal Access to Justice Act (“EAJA”) fee award of $8,000, for a net total fee of $23,802, to be paid from Plaintiff’s past-due benefits, pursuant to 42 U.S.C. § 406(b). Date: July 9, 2024 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge 2

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