Ackerman v. Commissioner of Social Security

United States District Court for the Middle District of Florida

Ackerman v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

TINA LOUISE ACKERMAN,

Plaintiff,

v. Case No. 6:23-cv-1611-RBD-LLL

COMMISSIONER OF SOCIAL SECURITY,

Defendant. ____________________________________

ORDER Before the Court is Plaintiff’s Uncontested Motion for Attorney’s Fees. (Doc. 25 (“Motion”).) On referral, U.S. Magistrate Judge Laura Lothman Lambert entered a Report and Recommendation stating that the Court should grant the Motion. (Doc. 26 (“R&R”).) The parties did not object and the time 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. Accordingly, it is ORDERED AND ADJUDGED: 1. The R&R (Doc. 26) is ADOPTED AND CONFIRMED and made a part of this Order in its entirety. 2. Plaintiff’s Motion (Doc. 25) is GRANTED. 3. Plaintiff is AWARDED $4,011.93 in attorney’s fees and $402.00 in costs, for a total of $4,413.93. 4. The Clerk is DIRECTED to enter judgment in favor of Plaintiff and against Defendant in the amount of $4,413.93 under

28 U.S.C. § 2412

(d). The Commissioner is permitted to exercise his discretion to honor Plaintiff's assignment of fees to counsel if the U.S. Department of Treasury determines that Plaintiff does not owe a debt to the U.S. Government. (See Doc. 25-1.) 5. The file is to remain closed. DONE AND ORDERED in Chambers in Orlando, Florida, on April 2, 2024.

ROY B. DALTON, JR. United States District Judge

Reference

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