Doskocil v. Berryhill

Filing 29

ORDER: Having considered the Motion, file, record, 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 ( Doc. 27 ); awards Plaintiff's counsel, Michael Kelly, reasonable attorney's fees in the amount of $12,000, to be certified for payment out of Plaintiff's past-due benefits under 42 U.S.C. § 406(b); orders the Commissioner to certify and disburse such amount from Plaintiff's past-due benefits to Plaintiff's counsel; and directs Plaintiff's counsel to promptly return to Plaintiff the $3,561.37 previously awarded under the EAJA. (Ordered by Judge Sam A. Lindsay on 7/21/2020) (ctf)

Case 3:17-cv-02434-L-BK Document 29 Filed 07/21/20

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
PHILLIP DOSKOCIL,
Plaintiff,
v.
COMMISSIONER, SOCIAL SECURITY,
Defendant.

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Civil Action No. 3:17-cv-2434-L

ORDER
On June 11, 2020, United States Magistrate Judge Renée Toliver entered the Findings,
Conclusions, and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 28),
recommending that the court grant Plaintiff’s Motion for and Memorandum in Support of Award of
Attorney Fees Under 406(b) of the Social Security Act (“Motion”) (Doc. 27), and award Plaintiff’s
counsel attorney’s fees in the amount of $12,000 pursuant to 42 U.S.C. § 406(b). She further notes
that as Plaintiff’s counsel was previously awarded attorney’s fees under the Equal Access to Justice
Act (“EAJA”), he must reimburse the smaller fee award to Plaintiff, which counsel has represented
that he will do. See Doc. 27 at 12. No Objections to the Report were filed.
Having considered the Motion, file, record, 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 (Doc. 27); awards Plaintiff’s counsel, Michael Kelly,
reasonable attorney’s fees in the amount of $12,000, to be certified for payment out of Plaintiff’s pastdue benefits under 42 U.S.C. § 406(b); orders the Commissioner to certify and disburse such amount
from Plaintiff’s past-due benefits to Plaintiff’s counsel; and directs Plaintiff’s counsel to promptly
return to Plaintiff the $3,561.37 previously awarded under the EAJA.

Order – Page 1

Case 3:17-cv-02434-L-BK Document 29 Filed 07/21/20

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It is so ordered this 21st day of July, 2020.
_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2