Furra v. Commissioner of Social Security

Filing 27

ORDER that the Commissioner's objections are SUSTAINED. The report and recommendation is hereby ACCEPTED IN PART AND DENIED IN PART as to the amount of the attorney's fees awarded. The claimant's first motion for attorney fees 22 is DENIED as MOOT and the amended motion for attorney fees 23 is GRANTED. The Commissioner of Social Security is directed to pay plaintiff Gina Graves Furra an attorney fee under the Equal Access to Justice Act in the amount of $6,080.00. It i s finally ORDERED that the Commissioner mail this award to the plaintiff in care of her attorney, Karl E. Osterhout. This award is subject to any beneficial, contractual and/or assignment-based interests held by counsel. Signed by District Judge Ron Clark on 10/8/20. (ljw, )

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
GINA GRAVES FURRA,
Plaintiff,
v.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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No. 9:16-CV-00085-RC-KFG

ORDER
The Court ordered that this matter be referred to the Honorable Keith F. Giblin, United
States Magistrate Judge, for consideration pursuant to applicable law and orders of this Court. The
Court has received and considered the report of the United States Magistrate Judge on the
claimant’s motion for attorney fees pursuant to such order, along with the record and pleadings.
The Commissioner filed objections to the report. The Commissioner solely objects to the fee
amount recommended by the magistrate judge.
The court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. See 28 U.S.C. § 636; FED. R. CIV. P. 72(b). After careful consideration, the
court concludes that the Commissioner’s objections have merit. The court agrees with the
Commissioner that the magistrate judge erroneously recommended an award in the amount of
$7,290.42 as requested in Plaintiff’s original application for attorney’s fees under the Equal Access
to Justice Act. The Court finds that the amount should instead be $6,080.00 as requested in the
amended application.

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Accordingly, the Commissioner’s objections are SUSTAINED.

The report and

recommendation is hereby ACCEPTED IN PART AND DENIED IN PART as to the amount
of the attorney’s fees awarded.

The claimant’s first motion for attorney fees (Doc. No. 22) is

DENIED as MOOT and the amended motion for attorney fees (Doc. No. 23) is GRANTED. The
Commissioner of Social Security is directed to pay plaintiff Gina Graves Furra an attorney fee
under the Equal Access to Justice Act in the amount of $6,080.00. It is finally ORDERED that
the Commissioner mail this award to the plaintiff in care of her attorney, Karl E. Osterhout. This
award is subject to any beneficial, contractual and/or assignment-based interests held by counsel.
So ORDERED and SIGNED, Oct 08, 2020.

____________________
Ron Clark
Senior Judge

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