Ortiz v. Commissioner of Social Security

United States District Court for the Middle District of Florida

Ortiz v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

JAVIER PINEIRO ORTIZ,

Plaintiff,

v. Case No. 6:16-cv-1986-Orl-37GJK

COMMISSIONER OF SOCIAL SECURITY,

Defendant. _____________________________________

ORDER Plaintiff’s attorney, Richard A. Culbertson (“Culbertson”), filed an unopposed request to charge Plaintiff attorney’s fees. (Doc. 28 (“Motion”).) Culbertson seeks $4,892.50, equaling 25% of Plaintiff’s past-due benefits minus the Equal Access to Justice Act fees previously awarded. (Id. ¶ 3.) On referral, U.S. Magistrate Judge Daniel C. Irick recommends granting the Motion. (Doc. 29 (“R&R”).) No party objected to the R&R, and the time for doing so has now passed. Absent objection, 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 no such error, the Court finds that the R&R is due to be adopted in its entirety. It is ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Daniel C. Irick’s Report and Recommendation (Doc. 29) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Richard A. Culbertson’s Unopposed Request for Authorization to Charge a Reasonable Fee (Doc. 28) is GRANTED. 3. Richard A. Culbertson is AUTHORIZED to charge Plaintiff Javier Pineiro Ortiz $4,892.50 in attorney’s fees. 4. The Judgment (Doc. 19) is AMENDED to award fees pursuant to

42 U.S.C. § 406

(b) in the amount of $4,892.50. DONE AND ORDERED in Chambers in Orlando, Florida, on November 2, 2020.

bare) | - “ROY B. DALTON JR’ United States District Judge

Copies to: Counsel of Record

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Reference

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