Amos v. Commissioner of Social Security

United States District Court for the Middle District of Florida

Amos v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

SUSAN M. AMOS,

Plaintiff,

v. Case No. 6:15-cv-1912-Orl-37GJK

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

ORDER Richard A. Culbertson (“Culbertson”) moves for authorization to charge his client, Susan M. Amos (“Plaintiff”), attorney’s fees. (Doc. 29 (“Motion”).) Culbertson has a 25% contingent fee agreement with Plaintiff; he successfully represented her in federal court, obtaining a reversal of the Commissioner of Social Security’s decision denying disability benefits—resulting in an award of $73,716.52 in past-due Social Security Disability benefits. (Doc. 23; Doc. 29, ¶¶ 1–2.) Culbertson now seeks $14,274.66 in attorney’s fees.1 (Doc. 29, ¶ 3.) On referral, United States Magistrate Judge Thomas B. Smith recommends granting the Motion, finding the amount reasonable based on the work performed and the results obtained. (Doc. 30 (“R&R”).) The parties filed a joint notice of no objection to the R&R. (Doc. 31.) Absent

1 This amount equals 25% of the past-due benefits minus the Equal Access to Justice Act fees awarded. (See Doc. 28; Doc. 29, ¶ 3.) -1- objection, the Court reviewed 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 Macortv. Prem, Inc.,

208 F. App’x 781,784

(11th Cir. 2006). Finding none, the Court adopts the R&R (Doc. 30) in full. Accordingly, it is ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Thomas B. Smith’s Report and Recommendation (Doc. 30) is ADOPTED, CONFIRMED, and made □ part of this Order. 2. Richard A. Culbertson’s Unopposed Request for Authorization to Charge □ Reasonable Fee (Doc. 29) is GRANTED. 3. Richard A. Culbertson is AUTHORIZED to charge Plaintiff Susan M. Amos $14,274.66 in attorney’s fees. 4. The Clerk is DIRECTED to close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on January 31, 2020.

Yj, ROY B. DALTON JR: □ United States District Judge

-2-

Copies to: Counsel of Record

-3-

Reference

Status
Unknown