Grecco v. Commissioner Social Security Administration

Filing 36

ORDER: I adopt Magistrate Judge Clarke's F&R 34 in its entirety. Accordingly, the Motion for Attorney Fees 32 is granted. Counsel should be awarded $6,248.25 under 42 U.S.C. § 406(b), the amount left after subtracting the $9,500.00 in EAJA fees that have already been paid to counsel. Signed on 9/26/2018 by Judge Ann L. Aiken. (ck)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

KIMBERLY ANN G., 1

Case No. 3:15-cv-01379-CL

ORDER
Plaintiff,
vs.
COMMISSIONER OF SOCIAL SECURITY, 2
Defendant.

AIKEN, District Judge:
Magistrate Judge Mark Clarke filed his Findings and Recommendation ("F&R") (doc.
34) on 8/22/2018 recommending that plaintiffs Motion for Attorney Fees (doc. 32) should be
granted. The matter is now before me. See 28 U.S.C. § 636(b)(l)(B) and Fed. R. Civ. P. 72(b).

1

In the interest of privacy, this opinion uses only the first name and the initial of the last
name of the non-governmental party or parties in this case. Where applicable, this opinion uses
the same designation for a non-governmental party's immediate family member.
2
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)(l). 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.

PAGEi-ORDER

No objections have been timely filed. Although this relieves me of my obligation to
perform a de nova review, I retain the obligation to "make an informed, final decision." Britt v.

Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983), overruled on other grounds,
United States v. Reyna-Tapia, 328 F.3d 1114, 1121-22 (9th Cir. 2003) (en bane).

The

Magistrates Act does not specify a standard of review in cases where no objections are filed.

Ray v. Astrue, 2012 WL 1598239, *l (D. Or. May 7, 2012). Following the recommendation of
the Rules Advisory Committee, I review the F&R for "clear etrnr on the face of the record[.]"
Fed. R. Civ. P. 72 advisory committee's note (1983) (citing Campbell v. United States District

Court, 501 F.2d 196, 206 (9th Cir. 1974)); see also United States v. Vann, 535 U.S. 55, 64 n.6
(2002) (stating that, "[i]n the absence of a clear legislative mandate, the Advisory Committee
Notes provide a reliable source of insight into the meaning of'' a federal rule). Having reviewed
the file of this case and Judge Clarke's thorough order, I find no clear error.
Thus, I adopt Magistrate Judge Clarke's F&R (doc. 34) in its entirety. Accordingly, the
Motion for Attorney Fees (doc. 32) is granted. Counsel should be awarded $6,248.25 under 42
U.S.C. § 406(b), the amount left after subtracting the $9,500.00 in EAJA fees that have already been paid
to counsel.
IT IS SO ORDERED.
Dated this 26 111 day of September, 2018.

Ann Aiken
United States District Judge

PAGE2-0RDER