Trenda v. Social Security Administration Commissioner

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS 36 by Chief Judge Ralph R. Erickson. Plaintiff's 27 Motion for Attorney Fees under 24 U.S.C. 404(b) is held in abeyance; and Plaintiff's 25 Motion for Attorney Fees under EAJA is granted.(SH)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHEASTERN DIVISION Gail M. Trenda, Plaintiff, -vsMichael J. Astrue, Social Security Administration Commissioner, Defendant. ) ) ) ) ) ) ) ) ) )

Case No. 3:08-cv-92 ORDER ADOPTING REPORT AND RECOMMENDATION

The Court has received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending Plaintiff's motion for fees and expenses under the Equal Access to Justice Act ("EAJA") be granted and Plaintiff's motion for attorney's fees pursuant to 24 U.S.C. § 404(b) be held in abeyance pending calculation of past-due benefits (Doc. #36). No party filed an objection within the time prescribed in Local Rule 72.1(D)(3). The Court has reviewed the Report and Recommendation, along with the entire file, and agrees with the Magistrate Judge's analysis and recommendations. Accordingly, the Court hereby adopts the Report and Recommendation in its entirety. For the reasons set forth therein, Plaintiff's motion for EAJA fees is GRANTED (Doc. #25). Defendant is ordered to pay Plaintiff $12,731.84 in attorney fees and $17.36 in expenses. Defendant is also ordered to pay $354.40 in costs under the Department of Justice's Judgment Fund. Further, Plaintiff's motion for fees pursuant to 24 U.S.C. § 406(b) is held in ABEYANCE pending calculation of past-due benefits (Doc. #27). The parties shall comply with the time limits for filling supplemental memoranda, which is set forth in the Magistrate Judge's Report and Recommendation.

IT IS SO ORDERED. Dated this 21st day of December, 2009. /s/ Ralph R. Erickson Ralph R. Erickson, Chief Judge United States District Court

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