Opinion
No.: CIV 17-0457 WJ/KBM
05-22-2020
JASON FLORY, Plaintiff, v. ANDREW SAUL, Commissioner of Social Security Administration, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
The Magistrate Judge filed her Proposed Findings and Recommended Disposition ("PF&RD") on May 7, 2020, recommending that the Court grant Plaintiff's Motion for Order Authorizing Attorney Fees Pursuant to 42 U.S.C. § 406(b). Doc. 33. In making this recommendation, the Magistrate Judge found that the requested attorney fee award of $8,113.00 was both appropriate and reasonable. Id. at 4. The PF&RD notifies the parties of their ability to file objections and that failure to do so waives appellate review. Id. at 5. To date, neither party has filed objections.
Wherefore,
IT IS HEREBY ORDERED AS FOLLOWS:
1. The Magistrate Judge's Proposed Findings and Recommended Disposition (Doc. 33) is ADOPTED;
2. Plaintiff's Motion for Order Authorizing Attorney Fees Pursuant to 42 U.S.C. § 406(b) (Doc 31) is GRANTED;
3. Plaintiff is awarded $8,113.00 in attorney fees under 42 U.S.C. § 406(b) to be paid to Laura Joellen Johnson, Managing Member of Michael Armstrong Law Office, LLC, by the Social Security Administration; and
4. Plaintiff should receive, as a refund, the EAJA fee previously awarded in the amount of $4,600.00, or, if applicable, only such portion of the EAJA fee not subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)).
/s/_________
CHIEF UNITED STATES DISTRICT JUDGE