Opinion
Case No.: 3:04cv362/MCR/EMT.
February 28, 2008
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated January 30, 2008. The parties have been furnished a copy of the report and recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Having considered the report and recommendation, and any objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. Petitioner's Petition for Authorization of Attorney Fees, pursuant to 42 U.S.C. § 406(b) (Docs. 38), is GRANTED. Petitioner should be awarded attorney's fees in the amount of $7,603.50, to be paid out of the sums withheld by the Commissioner from Plaintiff's past due benefits.
3. Upon receipt of attorney's fees in the amount of $7,603.50 pursuant to 42 U.S.C. § 406(b), Petitioner shall immediately refund to Plaintiff the previously awarded EAJA sum of $925.00.
DONE AND ORDERED.