Cook v. Commissioner of Social Security

Filing 27

ORDER adopting Report and Recommendation re 26 Report and Recommendation granting in part 24 Motion for Attorney Fees. Signed by Judge Michael R. Barrett on 6/1/20. (ba)

Case: 1:18-cv-00319-MRB-SKB Doc #: 27 Filed: 06/01/20 Page: 1 of 2 PAGEID #: 1349

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Robert Burton Cook,
Plaintiff,
v.

Case No. 1:18cv319

Commissioner of Social Security,

Judge Michael R. Barrett

Defendant.
ORDER
This matter is before the Court on the Report and Recommendation (“R&R”) filed
by the Magistrate Judge on May 15, 2020 (Doc. 26).
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 R&R in a timely manner. United States v. Walters, 638 F.2d 947 (6th
Cir. 1981). No objections to the Magistrate Judge=s R&R (Doc. 26) have been filed.
Accordingly, it is ORDERED that the R&R (Doc. 26) of the Magistrate Judge is
hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge,
Plaintiff counsel’s motion for an additional fee award (Doc. 24) is construed as arising
under both 42 U.S.C. §§406(b) and 1383(d) and is GRANTED in part. Pursuant to
the express terms of the Fee Agreement and the authority cited in the R&R, Plaintiff’s
counsel is awarded the additional attorney’s fee of $3,962.50, which represents a total
award of $7,862.50 for the 21.25 hours of work he performed in this Court less an offset

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Case: 1:18-cv-00319-MRB-SKB Doc #: 27 Filed: 06/01/20 Page: 2 of 2 PAGEID #: 1350

for the EAJA fee award that counsel previously received.
IT IS SO ORDERED.
/s/ Michael R. Barrett
Michael R. Barrett, Judge
United States District Court

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