Pierce v. Commissioner Social Security Administration
ORDER The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation 43 . Accordingly, the Court GRANTS Plaintiffs Motion 39 for Attorney Fees Under 42 U.S.C. § 406(b) and AWARDS attorneys fees in the amount of $14,310.50. In light of the EAJA fees previously awarded in the amount of $6,025.63, the amount due is $8,284.87. IT IS SO ORDERED. DATED this 23rd day of May, 2018, by United States Senior District Judge Anna J. Brown. (peg)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
COMMISSIONER, Social Security
BROWN, Senior Judge.
Magistrate Judge John V. Acosta issued Findings and
Recommendation (#43) on May 3, 2018, in which he recommends this
Court grant Plaintiff Mary Pierce’s Motion (#39) for Attorneys
Fees Under 42 U.S.C. § 406(b) and award fees in the amount of
Nancy A. Berryhill’s term as the Acting Commissioner of
the Social Security Administration ended on November 17, 2017,
and a new Commissioner has not been appointed. The official
title of the head of the Social Security Administration (SSA) is
the “Commissioner of Social Security.” 42 U.S.C. § 902(a)(1). A
“public officer who sues or is sued in an official capacity may
be designated by official title rather than by name.” Fed. R.
Civ. P. 17(d). This Court, therefore, refers to Defendant only
as Commissioner of Social Security.
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.
Dawson v. Marshall, 561
F.3d 930, 932 (9th Cir. 2009).
See also Decker v. Berryhill, 856
F.3d 659, 663 (9th Cir. 2017).
Having reviewed the legal
principles de novo, the Court does not find any error.
The Court ADOPTS Magistrate Judge Acosta's Findings and
Accordingly, the Court GRANTS Plaintiff’s
Motion (#39) for Attorney Fees Under 42 U.S.C. § 406(b) and
AWARDS attorneys’ fees in the amount of $14,310.50.
In light of
the EAJA fees previously awarded in the amount of $6,025.63, the
amount due is $8,284.87.
IT IS SO ORDERED.
DATED this 23rd day of May, 2018.
/s/ Anna J. Brown
ANNA J. BROWN
United States Senior District Judge
2 - ORDER
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