Schaffner v. Commissioner of Social Security

Filing 21

ORDER granting in part 14 Motion for Attorney Fees; adopting Report and Recommendation 20 . Plaintiff's counsel is awarded an additional sum of $2021.25. Signed by Judge Sandra S Beckwith on 9/30/10. (mb)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Timothy P. Schaffner, Plaintiff v. Case No. 1:07-cv-567

Commissioner of Social Security, Defendant

ORDER
This matter is before the Court on the Magistrate Judge's Report and Recommendation filed September 7, 2010 (Doc. 20). Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections to the Magistrate Judge's Report and Recommendation have been filed. Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the Magistrate Judge's Report and Recommendation correct. Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Plaintiff's motion motion for attorney's fees is GRANTED IN PART. Plaintiff's counsel is awarded the additional sum of $2021.25 in attorney's fees under § 405(b), which sum reflects a total award of $4042.50, less the sum previously awarded under the Equal Access to Justice Act. Date: September 30, 2010 s/Sandra S. Beckwith Sandra S. Beckwith, Senior Judge United States District Court