Smith v. Commissioner Social Security Administration

Filing 19

ORDER - The Court ADOPTS Magistrate Judge Acostas Findings & Recommendation 17 . Accordingly, Smiths petition 15 for fees in the amount of $7,595.00 pursuant to 42 U.S.C. § 406(b) is granted. The amount requested includes EAJA fee s previously awarded in the amount of $3,870.72. After the credit is taken for those previously paid fees, the amount due to counselis $3,724.28. IT IS SO ORDERED. DATED this 5th day of July, 2016, by United States District Judge Marco A. Hernandez. (peg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

JUDITH HARRIET SMITH,
Plaintiff,

v.

No. 3:12-cv-00752-AC

ORDER

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

HERNÁNDEZ, District Judge:
Magistrate Judge John Acosta issued a Findings and Recommendation [17] on May 17,
2016, in which he recommends that the Court grant Smith’s petition [15] for fees pursuant to 42
U.S.C. § 406(b) in the amount of $7,595.00. Because EAJA fees in the amount of $3,870.72
have already been awarded, Judge Acosta recommends crediting those fees against the current
fee award and find the amount due to counsel is $3,724.28.

1 – ORDER

Because neither party timely filed an objection to the Magistrate Judge’s Findings and
Recommendation, I am relieved of my obligation to review the record de novo. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt,
840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate
Judge's report to which objections have been made). Having reviewed the legal principles de
novo, I find no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Acosta’s Findings & Recommendation [17].
Accordingly, Smith’s petition [15] for fees in the amount of $7,595.00 pursuant to 42 U.S.C. §
406(b) is granted. The amount requested includes EAJA fees previously awarded in the amount
of $3,870.72. After the credit is taken for those previously paid fees, the amount due to counsel
is $3,724.28.

IT IS SO ORDERED.

DATED this

day of

, 2016.

____________________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER