Lucky v. Commissioner of Social Security

Filing 28

Order Adopting Report and Recommendation 26 granting 23 Motion for attorney fees pursuant to 42 U.S.C. 406(b)(1) filed by Susan Marie Lucky. Judge Christopher A. Boyko on 7/29/2014. (R,D)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
SUSAN MARIE LUCKY,

Plaintiff,
Vs.
Carolyn W. Colvin,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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CASE NO.5:12CV1888

JUDGE CHRISTOPHER A. BOYKO

ORDER

CHRISTOPHER A. BOYKO, J:

This matter is before the Court on Plaintiff’s Motion for Payment of Attorney’s
Fees Pursuant to the Equal Access to Justice Act (“EAJA”). (ECF #23). The Motion
was referred to Magistrate Judge Greg White for a Report and Recommendation. The
Magistrate Judge issued his Report and Recommendation on July 15, 2014,
recommending that the Plaintiff be awarded attorney fees. Defendant filed a Response
to Magistrate Judge’s Report and Recommended Decision on July 29, 2014, stating that
they do not object to the Report and Recommended Decision.
Therefore, the Court adopts the Report and Recommendation of the Magistrate

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Judge and grants attorney fees in the amount of $7,600 from Plaintiff’s past due
benefits. Further, the Court orders that Plaintiff’s counsel refund $3,800 to Plaintiff – the
amount previously awarded for attorney fees under the EAJA.

IT IS SO ORDERED.

Date: 7/29/2014

s/Christopher A. Boyko
CHRISTOPHER A. BOYKO
United States District Judge

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