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Laventure v. Commissioner of Social Security, 6:15-cv-1883-Orl-37GJK. (2019)

Court: District Court, M.D. Florida Number: infdco20190222a34 Visitors: 6
Filed: Feb. 21, 2019
Latest Update: Feb. 21, 2019
Summary: ORDER ROY B. DALTON, JR. , District Judge . Before the Court is Plaintiff's counsel Richard Culbertson's request for authorization to charge a reasonable fee and memorandum on reasonable fees pursuant to 42 U.S.C. 406(b). (Doc. 27 (" Motion ").) This Motion follows the Court's entry of judgment in favor of Plaintiff (Doc. 20) and an award of $5,479.60 in attorney's fees to Plaintiff's counsel under the Equal Access to Justice Act, 28 U.S.C. 2412(d) (" EAJA ") (Doc. 24). Counsel now see
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ORDER

Before the Court is Plaintiff's counsel Richard Culbertson's request for authorization to charge a reasonable fee and memorandum on reasonable fees pursuant to 42 U.S.C. § 406(b). (Doc. 27 ("Motion").) This Motion follows the Court's entry of judgment in favor of Plaintiff (Doc. 20) and an award of $5,479.60 in attorney's fees to Plaintiff's counsel under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) ("EAJA") (Doc. 24). Counsel now seeks an award of attorney's fees in the amount of $8,115.90 pursuant to 42 U.S.C. § 406(b) (Doc. 27), as he and Plaintiff previously entered into a contingent fee agreement that would entitle him to twenty-five percent of any past due benefits awarded to Plaintiff minus EAJA attorney's fees (Doc. 27-1).

On referral, U.S. Magistrate Judge Gregory J. Kelly recommends that the Court grant the Motion, finding the amount requested reasonable. (Doc. 29 ("R&R").) Specifically, Magistrate Judge Kelly notes that Plaintiff was awarded $54,382.00 in past due Social Security Disability benefits so twenty-five percent would equal $13,595.50. (Id. at 3.) That number reduced by the EAJA award, $5,479.60, equals the $8,115.90 amount requested by Culbertson. (Id. at 3-4.)

On February 20, 2019, the parties filed a joint notice of no objection to the R&R. (Doc. 30.) Absent objections, 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 Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding none, the Court concludes that the R&R is due to be adopted in its entirety.

Accordingly, it is hereby ORDERED AND ADJUDGED:

1. U.S. Magistrate Judge Gregory J. Kelly's Report and Recommendation (Doc. 29) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Richard A. Culbertson's Request for Authorization to Charge a Reasonable Fee and Memorandum on Reasonable Fees Pursuant to 42 U.S.C. § 406(b) (Doc. 27) is GRANTED. 3. In accordance with 42 U.S.C. § 406(b), Richard A. Culbertson is awarded $8,115.90 in attorney fees. 4. The Clerk is DIRECTED to CLOSE the case.

DONE AND ORDERED.

Source:  Leagle

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