Spurlock v. Commissioner of Social Security

Filing 28

DECISION AND ENTRY adopting the Report and Recommendation of the United States Magistrate Judge (Doc. 27 ). Signed by Judge Timothy S. Black on 8/31/2022. (rrs)

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Case: 1:18-cv-00404-TSB-KLL Doc #: 28 Filed: 08/31/22 Page: 1 of 2 PAGEID #: 1795 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION MICHAEL S., Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. : : : : : : : : : : Case No. 1:18-cv-404 Judge Timothy S. Black Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 27) This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and, on April 18, 2022, submitted a Report and Recommendation. (Doc. 27). No objections were filed. The Court has reviewed the Report and Recommendation, is satisfied that there is nothing clearly erroneous or contrary to law on the face of the record, and accepts the Magistrate Judge’s recommendation. Fed. R. Civ. P. 72. Accordingly: 1. The Report and Recommendation (Doc. 27) is hereby ADOPTED; 2. Plaintiff’s counsel’s 42 U.S.C. § 406(b)’s motion for attorney fees (Doc. 24) is GRANTED; 3. Plaintiff’s counsel is AWARDED attorney fees in the amount of $9,700.00, which represents the fee request of $15,000.00 minus the $5,300.00 EAJA fee previously awarded; and, Case: 1:18-cv-00404-TSB-KLL Doc #: 28 Filed: 08/31/22 Page: 2 of 2 PAGEID #: 1796 4. The case remains terminated upon the Court’s docket. IT IS SO ORDERED. Date: 8/31/2022 s/Timothy S. Black Timothy S. Black United States District Judge 2

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