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Bruton v. Commissioner of Social Security, 6:16-cv-1209-Orl-37DCI. (2017)

Court: District Court, M.D. Florida Number: infdco20171102f74 Visitors: 5
Filed: Nov. 01, 2017
Latest Update: Nov. 01, 2017
Summary: ORDER ROY B. DALTON, Jr. , District Judge . In the instant action, Plaintiff appealed a final decision of the Commissioner of the Social Security Administration (" Commissioner ") denying his application for disability and disability insurance benefits. (Doc. 1.) Following the Court's Order reversing the Commissioner's decision (Doc. 38), Plaintiff moved for an award of attorney fees totaling $5,149.65, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d) (" EAJA ") (Doc. 44 ("
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ORDER

In the instant action, Plaintiff appealed a final decision of the Commissioner of the Social Security Administration ("Commissioner") denying his application for disability and disability insurance benefits. (Doc. 1.) Following the Court's Order reversing the Commissioner's decision (Doc. 38), Plaintiff moved for an award of attorney fees totaling $5,149.65, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) ("EAJA") (Doc. 44 ("Motion").) The Motion was unopposed, and on referral, U.S. Magistrate Judge Daniel C. Irick recommends that the Court grant the Motion in part. (Doc. 45 ("R&R").)

In his R&R, Magistrate Judge Irick applies the EAJA's five-step calculus to evaluate Plaintiff's attorney fee request. (See id.) He concludes: (1) that Plaintiff's is entitled to attorney fees under the EAJA; (2) $5,149.65 is a reasonable amount; but (3) Plaintiff's request that the EAJA fees be paid directly to his counsel can only be honored at the Commissioner's discretion. (Id.) As such, Magistrate Judge Irick recommends that the Court grant the Motion to award Plaintiff $5,149.65 in attorney fees, and deny Plaintiff's request to pay the fees directly to his counsel. (Id. at 5.)

The parties did not object to the R&R, and the time for doing so has now passed. As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Marcort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding no clear error, the Court concludes that the R&R is due to be adopted in its entirety.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. U.S. Magistrate Judge Daniel C. Irick's Report and Recommendation (Doc. 45) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Plaintiff's Petition for Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C.A. Section 2412(d) (Doc. 44) is GRANTED IN PART AND DENIED IN PART: a. Plaintiff is AWARDED $5,149.65 in attorney fees. b. In all other respects, the Motion is denied.

DONE AND ORDERED.

Source:  Leagle

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