Swearingen v. Commissioner of Social Security Administration

Filing 23

ORDER adopting 22 Report and Recommendation and granting 20 Motion for Attorney Fees.. Signed by Judge Ron Clark on 9/19/16. (tkd, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
TOYA SWEARINGEN,
ON BEHALF OF E.H.,
Plaintiff
VS.

CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

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CASE NO. 1:15-CV-64

ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING
APPLICATION FOR ATTORNEY’S FEES
Before the court is the Plaintiff’s Motion for Attorney Fees under the Equal Access to Justice
Act, 28 U.S.C. § 2412. (Doc. No. 20.) The Commissioner’s response stated that she was
unopposed to the requested fee (Doc. No. 21), and neither party filed objections to the magistrate
judge’s Report and Recommendation. It is therefore
ORDERED that the Plaintiff’s application for attorney’s fees (Doc. No. 20) is GRANTED.
It is further
ORDERED that the Commissioner of Social Security shall pay Toya Swearingen, on behalf
of E.H., a minor, in care of her attorney, Ronald D. Honig, an attorney fee in the amount of
$5,638.95 plus court costs of $400. This amount includes fees and compensation for 30.80 hours
of service at $125.00 per hour, plus an adjustment for increased costs of living consistent with the
Consumer Price Index for the relevant time periods. The court directs that the award be mailed to
Toya Swearingen, on behalf of E.H., a minor, in care of her attorney, Ronald D. Honig, at his office
address, 9400 N. Central Expressway, Suite 1205, Dallas, Texas, 75231. It is further
ORDERED that this award is subject to any beneficial, contractual and/or assignment-based
interests held by the Plaintiff’s attorney. If successful at the administrative level, the Plaintiff is

granted an extension of thirty days from receipt of the Notice of Award from the Social Security
Administration to file a motion for attorney’s fees under 42 U.S.C. § 406(b).
So ORDERED and SIGNED this 19 day of September, 2016.

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Ron Clark, United States District Judge

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