Risley v. Commissioner Social Security Administration

Filing 26

OPINION and ORDER - ADOPTING Judge Acosta's Findings and Recommendation 24 and and therefore GRANTING plaintiff's Motion for Attorney Fees 21 in the amount of $7,485.73. IT IS SO ORDERED. DATED this 21st day of March, 2018, by Chief United States District Judge Michael W. Mosman. (peg)

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

SUSAN RISLEY,
No. 6:16-cv-00466-AC
Plaintiff,
OPINION AND ORDER

v.
NANCY A. BERRYHILL, acting
Commissioner of Social Security,
Defendant.

MOSMAN,J.,
On October 6, 2017, Magistrate Judge John Acosta issued his Findings and
Recommendation (F&R) [24], recommending that Susan Risley's Unopposed Motion for
Attorney Fees [21] should be GRANTED. No objection was filed.

DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. The court is not bound by the recommendations of the magistrate judge,
but retains responsibility for making the final determination. The court is generally required to
make a de novo determination regarding those portions of the report or specified findings or
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l)(C). However, the court
is not required to review, de novo or under any other standard, the factual or legal conclusions of
1 - OPINION AND ORDER

the magistrate judge as to those portions of the F &R to which no objections are addressed. See

Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R
depends on whether or not objections have been filed, in either case, I am free to accept, reject,
or modify any part of the F&R. 28 U.S.C. § 636(b)(l)(C).
Upon review, I agree with Judge Acosta's recommendation and I ADOPT the F&R [24]
as my own opinion.
Attorneys' fees in the amount of $12,861.50 are hereby awarded to Attorney Tim
Wilborn pursuant to 42 U.S.C. § 406(b). Previously, this court awarded fees pursuant to the
Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. When issuing the§ 406(b) check, the
agency is directed to subtract the amount of the EAJA fee previously received by the attorney
and to send to Plaintiffs attorney, Tim Wilborn, at the address above, the balance of $7,485.73,
minus any user fee. Any amount withheld after all administrative and court attorney fees are paid
should be released to the claimant.
IT IS SO ORDERED.
DATED this _ _ day of March, 2018.

Chief United Stat

2 - OPINION AND ORDER