Esparza v. Berryhill

Filing 28

ORDER: The court determines that 27 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court grants Plaintiffs 25 Motion for Award of Attorney Fees under the Social Security Act; awards Plaintiff reasonable attorneys fees totaling $34,643; and directs Plaintiffs counsel to forthwith remit to Plaintiff $8,550, which represents the amount of fees that were previously awarded in this case under the EAJA. (Ordered by Judge Sam A. Lindsay on 7/30/2021) (svc)

Case 3:17-cv-00154-L-BK Document 28 Filed 07/30/21

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DENISE ESPARZA,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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Civil Action No. 3:17-CV-154-L-BK

ORDER
On January 22, 2021, the United States Magistrate Judge entered the Findings, Conclusions
and Recommendation of the United States Magistrate Judge (Doc. 27) (“Report”), recommending
that the court grant Plaintiff’s Motion for Award of Attorney Fees under the Social Security Act
(Doc. 25), filed August 28, 2020, and award Plaintiff reasonable attorney’s fees totaling $34,643.
The Report further recommends that Plaintiff’s counsel, upon receipt of this award, be required to
promptly remit to Plaintiff $8,550, the amount of the attorney’s fees previously awarded in this
case under the Equal Access to Justice Act (“EAJA”). Defendant took no position on Plaintiff’s
motion and did not file objections to the Report.
Having considered the motion, record in this case, and Report, the court determines that
the findings and conclusions of the magistrate judge are correct, and accepts them as those of the
court. Accordingly, the court grants Plaintiff’s Motion for Award of Attorney Fees under the
Social Security Act (Doc. 25); awards Plaintiff reasonable attorney’s fees totaling $34,643; and
directs Plaintiff’s counsel to forthwith remit to Plaintiff $8,550, which represents the amount of
fees that were previously awarded in this case under the EAJA.
Order – Page 1

Case 3:17-cv-00154-L-BK Document 28 Filed 07/30/21

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It is so ordered this 30th day of July, 2021.

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Sam A. Lindsay
United States District Judge

Order – Page 2