Filed: Feb. 01, 2012
Latest Update: Feb. 01, 2012
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION RE PAYMENT OF EAJA FEES KENNETH M. KARAS, District Judge. Plaintiff Martha Banks brought this case pursuant to 42 U.S.C 405(g), challenging the decision by the Commissioner of Social security (the "Commissioner") to deny plaintiffs application for disability insurance benefits. By Order dated August 13, 2009 [hereinafter "Order"], the undersigned granted plaintiffs motion for judgment on the pleadings to the extent that it remanded the matter to the C
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION RE PAYMENT OF EAJA FEES KENNETH M. KARAS, District Judge. Plaintiff Martha Banks brought this case pursuant to 42 U.S.C 405(g), challenging the decision by the Commissioner of Social security (the "Commissioner") to deny plaintiffs application for disability insurance benefits. By Order dated August 13, 2009 [hereinafter "Order"], the undersigned granted plaintiffs motion for judgment on the pleadings to the extent that it remanded the matter to the Co..
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ORDER ADOPTING REPORT AND RECOMMENDATION RE PAYMENT OF EAJA FEES
KENNETH M. KARAS, District Judge.
Plaintiff Martha Banks brought this case pursuant to 42 U.S.C § 405(g), challenging the decision by the Commissioner of Social security (the "Commissioner") to deny plaintiffs application for disability insurance benefits. By Order dated August 13, 2009 [hereinafter "Order"], the undersigned granted plaintiffs motion for judgment on the pleadings to the extent that it remanded the matter to the Commissioner for further proceedings.
WHEREAS a Motion for Award of Attorney Fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (d) was filed and United States Magistrate Judge Hon. George A. Yanthis issued a Report and Recommendation granting in part the motion for a total of attorney fees in the amount of $9,226.30. Neither party having filed objections to Magistrate Judge Yanthis' Report & Recommendation.
Accordingly, it is hereby
ORDERED, that the Report and Recommendation dated October 23, 2009 is ADOPTED in its entirety;
IT IS FURTHER ORDERED that defendant shall pay plaintiffs counsel Gary J. Gogerty, Esq. the sum of Nine Thousand Two Hundred Twenty Six and 301100 Dollars ($9,226.30) in full satisfaction of any and all claim for attorney's fees and expenses under the Equal Access to Justice Act, 28 U.S.C. 2412 (d).
