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Zand v. Commissioner of Social Security, 2:14-cv-605. (2016)

Court: District Court, S.D. Ohio Number: infdco20160406c44 Visitors: 16
Filed: Apr. 05, 2016
Latest Update: Apr. 05, 2016
Summary: ORDER MICHAEL H. WATSON , District Judge . On February 7,2016, Plaintiff moved for an award of attorney fees in the above-captioned social security case under 42 U.S.C. 405(g). Mot., ECF No. 29. The motion remains unopposed. Upon referral pursuant to 28 U.S.C. 636(b)(1)(B) and General Order No. 14-01, Magistrate Judge King recommended the Court grant Plaintiff's motion. Report and Recommendation ("R&R") 3-4, ECF No. 30. Magistrate Judge King notified the parties of their rightto file
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ORDER

On February 7,2016, Plaintiff moved for an award of attorney fees in the above-captioned social security case under 42 U.S.C. § 405(g). Mot., ECF No. 29. The motion remains unopposed. Upon referral pursuant to 28 U.S.C. § 636(b)(1)(B) and General Order No. 14-01, Magistrate Judge King recommended the Court grant Plaintiff's motion. Report and Recommendation ("R&R") 3-4, ECF No. 30.

Magistrate Judge King notified the parties of their rightto file objections to the R&R pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Id. at 4. Magistrate Judge King specifically advised the parties that the failure to object to the R&R within fourteen days would result in a waiver of the rightto de novo review by the District Judge. Id. The deadline for filing such objections has passed, and no objections were filed.

Having received no objections, the Court ADOPTS the R&R, ECF No. 30, GRANTS Plaintiffs motion for an award of attorney fees, ECF No. 29, and AWARDS Plaintiffattorney fees in the amount of $7,000.00, or twenty-five percent of the past due benefits, whichever is less, to be offset by a refund of the prior award granted in this case.

IT IS SO ORDERED.

Source:  Leagle

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