Giorgio v. Commissioner Social Security

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Having reviewed the record, I find no error and therefore adopt the R&R in its entirety. Thus, Plaintiff's counsel is awarded $4,500 in attorney's fees pursuant to Section 406(b). Withi n seven days of receipt of the Section 406(b) fees, Plaintiff's counsel should refund Plaintiff $655.89 in fees previously awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 3/10/2025. (APJ)

Case 1:21-cv-00736-EK-MMH

Document 22
1057

Filed 03/10/25

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
------------------------------------x
Marian Giorgio,
MEMORANDUM & ORDER
21-cv-736(EK)(MHH)

Plaintiff,
-againstCommissioner of Social Security,
Defendant.
------------------------------------x
ERIC KOMITEE, United States District Judge:

The Court has received Magistrate Judge Henry’s Report
and Recommendation (R&R) dated February 15, 2025.

ECF No. 20.

Judge Henry recommends granting in part and denying in part
Plaintiff’s motion for attorney’s fees under 42 U.S.C. § 406(b).
Neither party has filed objections and the time to do so has
expired.

Accordingly, the Court reviews Judge Henry’s

recommendation for clear error on the face of the record.

See

Fed. R. Civ. P. 72(b) advisory committee’s note to 1983
addition; accord State Farm Mut. Auto. Ins. Co. v. Grafman, 968
F. Supp. 2d 480, 481 (E.D.N.Y. 2013).
Having reviewed the record, I find no error and
therefore adopt the R&R in its entirety.

Thus, Plaintiff’s

counsel is awarded $4,500 in attorney’s fees pursuant to Section
406(b).

Within seven days of receipt of the Section 406(b)

fees, Plaintiff’s counsel should refund Plaintiff $655.89 in

Case 1:21-cv-00736-EK-MMH

Document 22
1058

Filed 03/10/25

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fees previously awarded under the Equal Access to Justice Act,
28 U.S.C. § 2412.

SO ORDERED.
/s/ Eric Komitee
ERIC KOMITEE
United States District Judge

Dated:

March 10, 2025
Brooklyn, New York