Garlington v. Commissioner of Social Security Administration

Filing 29

ORDER ACCEPTING 28 REPORT AND RECOMMENDATIONS. Plaintiff's Motion for Approval of Attorney's Fees Pursuant to 42 U.S.C. § 406(b) 26 is GRANTED. Counsel Ronald D. Honig is awarded attorney fees under 42 U.S.C. § 406(b) in the amount of $14,731.75. Upon receipt of that payment, Mr. Honig is ORDERED to refund EAJA fees in the amount of $5,639.34 directly to the claimant. Signed by District Judge Ron Clark on 4/22/20. (ljw, )

Case 9:17-cv-00030-RC-ZJH Document 29 Filed 04/22/20 Page 1 of 2 PageID #: 974

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

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CIVIL ACTION NO. 9:17-CV-00030-RC

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT
AND RECOMMENDATION REGARDING ATTORNEY FEES
Before the court is a report and recommendation of the United States magistrate judge
regarding the Plaintiff’s Motion for Approval of Attorney’s Fees. The parties have not filed
objections to the report. Having conducted an independent review, the court concludes that the
the report of the magistrate judge should be ACCEPTED and the motion should be
GRANTED. It is therefore
ORDERED that the Plaintiff’s Motion for Approval of Attorney’s Fees Pursuant to 42
U.S.C. § 406(b) (Doc. No. 26) is GRANTED. It is further
ORDERED that Counsel Ronald D. Honig is awarded attorney fees under 42 U.S.C. §
406(b) in the amount of $14,731.75. Upon receipt of that payment, Mr. Honig is ORDERED to
refund EAJA fees in the amount of $5,639.34 directly to the claimant. See 28 U.S.C. § 2412

Case 9:17-cv-00030-RC-ZJH Document 29 Filed 04/22/20 Page 2 of 2 PageID #: 975

note, Act of Aug. 5, 1985, Pub. L. No. 99–80, § 3, 99 Stat. 183, 186; Gisbrecht, 535 U.S. at 796
(requiring attorneys to refund to the claimant the amount of the smaller fee).

So ORDERED and SIGNED April 22, 2020.

____________________________
Ron Clark, Senior District Judge