Montoya v. Colvin

Filing 32

ORDER granting 29 MOTION for Attorney Fees UNDER 406(b) OF THE SOCIAL SECURITY ACT filed by Julia Montoya; adopting 31 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Senior Judge Sidney A Fitzwater on 2/5/2020) (Senior Judge Sidney A Fitzwater)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JULIA M.,
Plaintiff,
V.
ANDREW SAUL,
Commissioner of Social Security,
Defendant.

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No. 3:16-CV-1594-D

ORDER
On January 14, 2020 the United States Magistrate Judge filed his findings,
conclusions, and recommendation, recommending that the court (1) grant plaintiff’s
counsel Michael T. Kelly, Esquire’s motion for attorney’s fees under § 406(b) of the
Social Security Act, and (2) award Mr. Kelly $17,243.90 in attorney’s fees, to be
certified for payment out of plaintiff Julia M.’s past-due benefits under 42 U.S.C. §
406(b).

No objections have been filed to the findings, conclusions, and

recommendation. Following de novo review, the court finds that the magistrate judge’s
findings and conclusions are correct, and adopts them as the findings and conclusions
of the court.
Accordingly, Mr. Kelly’s motion for attorney’s fees under § 406(b) of the Social
Security Act is granted, and it is ordered that defendant pay plaintiff’s counsel Michael

T. Kelly, Esquire, the sum of $17,243.90 in attorney’s fees, to be certified for payment
out of plaintiff Julia M.’s past-due benefits under 42 U.S.C. § 406(b).
SO ORDERED.
February 5, 2020.

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SIDNEY A. FITZWATER
SENIOR JUDGE

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