Hidalgo v. Commissioner of Social Security

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATIONS: for 44 Report and Recommendations. 36 Motion for Attorney Fees filed by Carlos Manuel Hidalgo. The Court has reviewed carefully Magistrate Judge Netburn's Report andRecommendation and finds no clear error. The Court therefore adopts the Report in its entirety for the reasons stated therein. Accordingly, the motion for attorneys' fees is granted, in the amount of $14,943.25, and Plaintiff's counsel is ordered to refund directly to Plaintiff the previously awarded EAJA fees of $9,000. The Clerk of Court is respectfully requested to terminate docket entry number 36. (Signed by Judge Laura Taylor Swain on 4/10/2017) (ap)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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CAROLS MANUEL HIDALGO,
Plaintiff,
-v-

No. 12CV9009-LTS

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
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ORDER ADOPTING REPORT AND RECOMMENDATION
The Court has reviewed Judge Netburn's September 1, 2016, Report and
Recommendation (the "Report"), which recommends that Plaintiff's counsel's request for
attorneys' fees be granted. Specifically, the Report recommends that attorneys' fees be awarded
in the amount of $24,938.25, which represents 25 percent of past due benefits pursuant to 42
U.S.C. § 406(a), minus $9,995.00 that Plaintiff's attorney already received, for a total award of
$14,943.25. The Report also recommends that Plaintiff's attorney be ordered to refund directly
to Plaintiff the previously awarded fees under the Equal Access to Justice Act ("EAJA"), 28
U.S.C. § 2412, of $9000.00. No objections to the Report have been received.
In reviewing a report and recommendation, a district court “may accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28
U.S.C. § 636(b)(1)(C) (LexisNexis 2001). "In a case such as this one, where no timely objection
has been made, a district court need only satisfy itself that there is no clear error on the face of
the record." Johnson v. New York University School of Education, No. 00 Civ. 8117, 2003 WL
21433443, *1 (S.D.N.Y. Jun. 16, 2003).
R&R ATTY FEES.WPD

VERSION APRIL10, 2017

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The Court has reviewed carefully Magistrate Judge Netburn's Report and
Recommendation and finds no clear error. The Court therefore adopts the Report in its entirety
for the reasons stated therein. Accordingly, the motion for attorneys' fees is granted, in the
amount of $14,943.25, and Plaintiff's counsel is ordered to refund directly to Plaintiff the
previously awarded EAJA fees of $9,000.
The Clerk of Court is respectfully requested to terminate docket entry number 36.

SO ORDERED.

Dated: New York, New York
April 10, 2017
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
United States District Judge

R&R ATTY FEES.WPD

VERSION APRIL 10, 2017

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