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Weaver v. Astrue

United States District Court, N.D. Florida, Pensacola Division
Apr 3, 2008
Case No.: 3:06cv426/LAC/EMT (N.D. Fla. Apr. 3, 2008)

Opinion

Case No.: 3:06cv426/LAC/EMT.

April 3, 2008


ORDER


This cause comes on for consideration upon the magistrate judge's report and recommendation dated March 3, 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). No objections have been filed.

Having considered the report and recommendation, 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 "Motion for Attorney Fees Under [the] Social Security Act, 42 U.S.C. § 406(b)" (Doc. 33) is GRANTED. Petitioner should be awarded attorney's fees in the amount of $21,482.00, 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 $21,482.00 pursuant to 42 U.S.C. § 406(b), Petitioner shall immediately refund to Plaintiff the previously awarded EAJA sum of $2,231.25.

DONE AND ORDERED


Summaries of

Weaver v. Astrue

United States District Court, N.D. Florida, Pensacola Division
Apr 3, 2008
Case No.: 3:06cv426/LAC/EMT (N.D. Fla. Apr. 3, 2008)
Case details for

Weaver v. Astrue

Case Details

Full title:LUCY WEAVER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social…

Court:United States District Court, N.D. Florida, Pensacola Division

Date published: Apr 3, 2008

Citations

Case No.: 3:06cv426/LAC/EMT (N.D. Fla. Apr. 3, 2008)

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