Perdomo De Mirabel v. Commissioner of Social Security

United States District Court for the Southern District of Florida

Perdomo De Mirabel v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 20-cv-24563-BLOOM/Otazo-Reyes

MARTHA PERDOMO DE MIRABEL,

Plaintiff,

v.

COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION,

Defendant. ____________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS

THIS CAUSE is before the Court upon Plaintiff’s Motion for Attorney Fees Under the Equal Access to Justice Act, ECF No. [23], filed on February 16, 2022 (“Motion”). The Motion was previously referred to the Honorable Alicia M. Otazo-Reyes for a Report and Recommendations (“R&R”). See ECF No. [24]. On April 12, 2022, Magistrate Judge Otazo-Reyes issued an R&R, recommending that the Motion be granted in part and denied in part. See ECF No. [26]. The R&R states that the Parties shall file any objections within fourteen (14) days of the date of service of a copy of the R&R. Id. To date, the Parties have filed no objections, nor have the Parties sought additional time in which to do so. Nevertheless, the Court has conducted a de novo review of the R&R and the record in this case, and is otherwise fully advised in the premises. See Williams v. McNeil,

557 F.3d 1287, 1291

(11th Cir. 2009) (citing

28 U.S.C. § 636

(b)(1)). Upon review, the Court finds the R&R to be well reasoned and correct. The Court, therefore, agrees with the analysis in the R&R and concludes that the Motion must be granted in part and denied in part for the reasons set forth therein. Case No. 20-cv-24563-BLOOM/Otazo-Reyes

Accordingly, it is ORDERED and ADJUDGED as follows: 1. The R&R, ECF No. [26], is ADOPTED. 2. The Motion, ECF No. [23], is GRANTED IN PART AND DENIED IN PART. a. Attorney’s fees in the amount of $882.20, plus costs in the amount of $400.00, are awarded to Plaintiff. b. The total award amount of $1,282.20 is to be made payable to Plaintiff's counsel, unless Plaintiff owes a federal debt, in which case any payment shall be made payable directly to Plaintiff and delivered to Plaintiff's counsel. DONE AND ORDERED in Chambers at Miami, Florida, on April 27, 2022.

UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record

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