Barreras, Jr. v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

RAYMOND T. BARRERAS, JR.,

Plaintiff, v. Case No. 6:20-cv-1189-RBD-EJK COMMISSIONER OF SOCIAL

SECURITY,

Defendant. ____________________________________

ORDER

Before the Court are:

1. Plaintiff’s Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C.A. § 2412 (Doc. 19 (“Motion for Fees”)); and 2. U.S. Magistrate Judge Embry J. Kidd’s Report and Recommendation (Doc. 20 (“R&R”)) on Plaintiff’s Motion for Fees.

The R&R is due to be adopted and the Motion for Fees granted in part.

In this Social Security remand, Plaintiff moved for fees under the Equal Access to Justice Act and the Commissioner did not oppose. (Doc. 19; Doc. 19-19.) On referral, Judge Kidd recommended the Court grant in part Plaintiff’s Motion for Fees.1 (Doc. 20, p. 8.) The parties did not object to the R&R Judge Kidd slightly adjusted the applicable hourly rate but otherwise found the fees and the time for doing so has passed, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety.

Accordingly, it is ORDERED AND ADJUDGED:

1. The R&R (Doc. 20) is ADOPTED, CONFIRMED, and made a part of this Order in its entirety.

2. Plaintiff's Motion for Fees (Doc. 19) is GRANTED IN PART AND DENIED IN PART: a. The Motion is DENIED only insofar as Judge Kidd adjusted the appropriate hourly rate. (Doc. 20, p. 6 n.3.) b. In all other respects, the Motion is GRANTED.

3. Plaintiff is AWARDED $4,707.12 in attorney’s fees, $400.00 in costs, and $17.25 in expenses, for a total award of $5,124.37.

DONE AND ORDERED in Chambers in Orlando, Florida, on September 2, 2021.

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United States District Judge reasonable. (See Doc. 20, p. 6 n.3.)