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)

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