Roberts v. Commissioner, SSA

Filing 26

MEMORANDUM ADOPTING 25 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is therefore ORDERED that Plaintiff's "Petition to Obtain Approval of a Fee for Representing a Social Security Claimant" under 42 U.S.C. § 406(b) (Dkt. # 22 ) is GRANTED. Signed by District Judge Richard A. Schell on 10/20/2020. (daj, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

MARY J. ROBERTS

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v.
COMMISSIONER, SSA

Civil Action No. 4:17-CV-876
(Judge Schell/Judge Nowak)

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On September 28, 2020, the report of the Magistrate Judge (Dkt. #25) was entered containing
proposed findings of fact and recommendations that Plaintiff’s “Petition to Obtain Approval of a
Fee for Representing a Social Security Claimant” under 42 U.S.C. § 406(b) (Dkt. #22) be granted.
Having received the report of the Magistrate Judge, and no objections thereto having
been timely filed, the court is of the opinion that the findings and conclusions of the Magistrate
Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions of the
court.
It is therefore ORDERED that Plaintiff’s “Petition to Obtain Approval of a Fee
for Representing a Social Security Claimant” under 42 U.S.C. § 406(b) (Dkt. #22) is
GRANTED. Plaintiff’s attorney is awarded a fee in the amount of six thousand five hundred
sixty dollars and fifty cents ($6,560.50), to be paid from Plaintiff’s past due benefits being
withheld by the Commissioner for attorney fees. Upon receipt of such payment, Plaintiff’s
attorney shall refund to Plaintiff the EAJA award previously granted in this cause.
IT IS SO ORDERED.
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SIGNED this the 20th day of October, 2020.

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RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE