Warner v. Commissioner, SSA

Filing 30

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 29 Report and Recommendations. It is therefore ORDERED that Plaintiff's § 406(b) Motion (Dkt. 26 ) is GRANTED. Plaintiff's attorney is awarded a fee in the amount of fourteen thousand seven hundred seventy-two dollars ($14,772.00), 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. Signed by District Judge Amos L. Mazzant, III on 6/16/2021. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

SHERYL WARNER

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v.
COMMISSIONER, SSA

Civil Action No. 4:18-CV-317
(Judge Mazzant/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 May 26, 2021, the report of the Magistrate Judge (Dkt. #29) was entered containing proposed
findings of fact and recommendations that Plaintiff’s Motion for and Memorandum in Support of
Award of Attorney Fees under 406(b) of the Social Security Act (Dkt. #26) be granted.
Having received the report of the United States 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 § 406(b) Motion (Dkt. #26) is GRANTED.
Plaintiff’s attorney is awarded a fee in the amount of fourteen thousand seven hundred seventy.

two dollars ($14,772.00), 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.
SIGNED this 16th day of June, 2021.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE