Visser v. Commissioner Social Security Administration

Filing 27

ORDER: The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation 25 . Accordingly, the Court GRANTS Plaintiff's Unopposed Motion 24 for Attorney Fees under 28 U.S.C. § 406(b); AWARDS Plaintiffs counsel attorneys fees in the amount of $5,639.20; and DIRECTS Plaintiffs counsel to refund to Plaintiff the attorneys fees of $2,054.20 previously received byPlaintiffs counsel pursuant to the EAJA. Signed on 01/15/2015 by Judge Anna J. Brown. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

HAROLD VISSER,

3:13-CV-00508-ST
Plaintiff,

ORDER

v.
CAROLYN W. COLVIN,
Commissioner, Social Security
Administration,
Defendant.

BROWN, Judge.
Magistrate Judge Janice M. Stewart issued Findings and
Recommendation (#25) on December 23, 2014, in which she
recommends this Court grant Plaintiff's Unopposed Motion (#24)
for Attorney Fees under 28 U.S.C. § 406(b); award Plaintiff’s
counsel attorneys’ fees in the amount of $5,639.20; and direct
Plaintiff’s counsel to refund to Plaintiff the attorneys’ fees of
$2,054.20 previously received by Plaintiff’s counsel pursuant to
the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d).
1 - ORDER

The

matter is now before this Court pursuant to 28 U.S.C.
§ 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and
Recommendation were timely filed, this Court is relieved of its
obligation to review the record de novo.
561 F.3d 930, 932 (9th Cir. 2009).

See Dawson v. Marshall,

See also United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).
Having reviewed the legal principles de novo, the Court does not
find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Stewart's Findings and
Recommendation (#25).

Accordingly, the Court GRANTS Plaintiff's

Unopposed Motion (#24) for Attorney Fees under 28 U.S.C.
§ 406(b); AWARDS Plaintiff’s counsel attorneys’ fees in the
amount of $5,639.20; and DIRECTS Plaintiff’s counsel to refund to
Plaintiff the attorneys’ fees of $2,054.20 previously received by
Plaintiff’s counsel pursuant to the EAJA.
IT IS SO ORDERED.
DATED this 15th day of January, 2015.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

2 - ORDER