Lemmon v. Commissioner of Social Security
Filing
28
REPORT AND RECOMMENDATIONS - It is RECOMMENDED that plaintiff's motion for attorney fees and costs pursuant to the EAJA, ECF 27 , be GRANTED and that plaintiff be awarded an attorney fee and costs in the total amount of $6,591.75. Objections to R&R due by 6/16/2014. Signed by Magistrate Judge Norah McCann King on 5/30/14. (jr1)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
VICKI L. LEMMON,
Plaintiff,
vs.
Civil Action 2:13-cv-410
Judge Watson
Magistrate Judge King
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
REPORT AND RECOMMENDATION
On March 18, 2014, the Court reversed the decision of the
Commissioner and remanded the action, pursuant to Sentence 4 of 42
U.S.C. § 405(g), for further administrative proceedings.
25;
Judgment, ECF 26.
Order, ECF
On April 16, 2014, plaintiff filed a motion
for an attorney fee and costs pursuant to the Equal Access to Justice
Act, 28 U.S.C. § 2412 (“EAJA”).
Plaintiff Tracey L. Lemmon’s Motion
for Award of Attorney Fees and Costs Pursuant to the Equal Access to
Justice Act, ECF 27.
The Commissioner has filed no opposition to that
motion.
Plaintiff asks for an award of attorney fees and costs in the
total amount of $6,591.75, that amount reflecting compensation at the
statutory rate plus cost of living increases (totaling $187.00 per
hour) for 35.25 hours of itemized work. The Court concludes,
particularly in light of the Commissioner’s failure to oppose the
motion, that the request for attorney fees and costs is reasonable and
appropriate.
It is therefore RECOMMENDED that plaintiff’s motion for attorney
fees and costs pursuant to the EAJA, ECF 27, be GRANTED and that
plaintiff be awarded an attorney fee and costs in the total amount of
$6,591.75.
If any party seeks review by the District Judge of this Report
and Recommendation, that party may, within fourteen (14) days, file
and serve on all parties objections to the Report and Recommendation,
specifically designating this Report and Recommendation, and the part
thereof in question, as well as the basis for objection thereto.
U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).
28
Response to objections
must be filed within fourteen (14) days after being served with a copy
thereof.
Fed. R. Civ. P. 72(b).
The parties are specifically advised that failure to object to
the Report and Recommendation will result in a waiver of the right to
de novo review by the District Judge and of the right to appeal the
decision of the District Court adopting the Report and Recommendation.
See Thomas v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Fed’n of
Teachers, Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States
v. Walters, 638 F.2d 947 (6th Cir. 1981).
May 30, 2014
s/Norah McCann King_______
Norah McCann King
United States Magistrate Judge
2
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