Major v. Social Security Administration

Filing 23

ORDER finding as moot 19 Report and Recommendation; adopting Report and Recommendation 22 . Signed by Judge Herman J. Weber on 6/6/12. (do1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

RICHARD A. MAJOR,
Plaintiff
v.

C-1-10-530

COMMISSIONER OF
SOCIAL SECURITY,
Defendant

ORDER
This matter is before the Court upon the Supplemental Report and
Recommendation of the United States Magistrate (doc. no. 22) to which
there are no objections.
Upon a de novo review of the record, the Court finds that the
Magistrate Judge has accurately set forth the controlling principles of
law and properly applied them to the particular facts of this case and
agrees with the recommendation of the Magistrate Judge.

2
Accordingly, the Court hereby ADOPTS the Supplemental Report
and Recommendation of the United States Magistrate Judge (doc. no.
22).

Plaintiff’s Motion for Attorney’s Fees under the EAJA (doc. 21) is

GRANTED to the extent that the Commissioner should pay either to
plaintiff directly, or to plaintiff’s counsel, a fee award in the amount of
$4,320.23. The recommended award reflects 32 attorney hours
reasonably expended multiplied by the statutory hourly rate of $125.00,
plus costs less any offset permitted by Astrue v. Ratliff, 560 U.S. ___,
130 S.Ct. 2521 (2010).

As Plaintiff has submitted evidence of a valid

assignment of the EAJA fee award to his attorney, the Commissioner
should pay the fee award to plaintiff’s counsel in accordance with that
fee contract so long as the Commissioner agrees that plaintiff owes no
pre-existing debt to the Government.

3
Upon the filing of the Supplemental Report and Recommendation
dated April 11, 2012 (doc. no. 22), the Report and Recommendation of
the United States Magistrate Judge dated February 14, 2012 (doc. no.
19) is MOOT.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court