Westphal v. Commissioner Social Security Administration

Filing 31

ORDER - ADOPTING Findings and Recommendation 29 . Accordingly, the Court GRANTS Plaintiff's Petition 25 for Attorney Fees. DATED this 8th day of August, by United States District Judge Anna J. Brown. (peg)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON CANDY WESTPHAL, Plaintiff, 3:15-cv-01904-AC ORDER v. NANCY A. BERRYHILL, 1 Acting Commissioner, Social Security Administration, Defendant. BROWN, Judge. Magistrate Judge John V. Acosta issued Findings and Reconunendation (#29) on July 14, 2017, in which he reconunends this Court grant Plaintiff's Petition (#25) for Attorney Fees of $14,480.00 pursuant to 42 U.S.C. 406(b) and, in light of 1 On January 23, 2017, Nancy A. Berryhill was appointed Acting Conunissioner of Social Security and pursuant to Federal Rule of Civil Procedure 25(d) is substituted as Defendant in this action. 1 - ORDER previously awarded fees of $5,774.40 under the Equal Access to Justice Act (EAJA), award Plaintiff attorneys' fees in the amount of $8,705.60 "from [Plaintiff's] retroactive benefits.u 2 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 bane). Having reviewed the legal principles de nova, the Court does not find any error. CONCLUSION The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (#29). Accordingly, the Court GRANTS Plaintiff's Petition (#25) for Attorney Fees Per 42 U.S.C. 406(b) and AWARDS 2 In her Petition Plaintiff requests attorneys' fees pursuant to§ 406(b) in the amount of $14,480.00, but she notes counsel has received fees pursuant to EAJA in the amount of $5,774.40. Plaintiff, therefore, stipulates to an award of $8,705.60, which is $14,480.00 in§ 406(b) fees less the $5,774.40 in EAJA fees previously received. 2 - ORDER Plaintiff attorneys' fees in the amount of $8,705.60. IT IS SO ORDERED. DATED this gth day of August, 2017. ANNA J. BROWN United States Senior District Judge 3 - ORDER

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