Ryan v. Kijakazi
Ryan v. Kijakazi
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Thalassa R., No. 21-cv-2696 (KMM/ECW) Plaintiff, v. ORDER Carolyn Colvin, Acting Commissioner of Social Security, Defendant.
This matter is before the Court on the Report and Recommendation (“R&R”) issued by United States Magistrate Judge Elizabeth Cowan Wright on December 6, 2024. In the R&R, Judge Wright recommends that Plaintiff’s Counsel’s Motion for Attorney’s Fees under 42 U.S.C. § 406(b) be granted. There have been no objections to the R&R. In the absence of objections, the Court reviews an R&R for clear error. Nur v. Olmsted Cnty., 563 F. Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Having reviewed the R&R and the entire record in this matter, the Court finds no error and accepts the R&R in full.
Accordingly, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation (Doc. 31) is ACCEPTED.
2. Plaintiff’s Counsel’s Motion for Attorney’s Fees under 42 U.S.C. § 406(b) (Doc. 25) is GRANTED.
3. Plaintiff’s counsel is AWARDED $28,316.75 for reasonable attorney’s fees under 42 U.S.C. § 406(b) out of Plaintiff’s past-due benefits in accordance with agency policy.
4. In accordance with 42 U.S.C. § 406(b) and Gisbrecht v. Barnhart, 535 U.S. 789 (2002), Plaintiff’s counsel shall refund to Plaintiff the amount of $9,154.00, which represents the Equal Access to Justice Act fees previously awarded to counsel (Doc. 24), within 14 days of receipt of the $28,316.75 from the Commissioner.
Date: January 27, 2025 s/Katherine Menendez Katherine Menendez United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Thalassa R., No. 21-cv-2696 (KMM/ECW) Plaintiff, v. ORDER Carolyn Colvin, Acting Commissioner of Social Security, Defendant.
This matter is before the Court on the Report and Recommendation (“R&R”) issued by United States Magistrate Judge Elizabeth Cowan Wright on December 6, 2024. In the R&R, Judge Wright recommends that Plaintiff’s Counsel’s Motion for Attorney’s Fees under 42 U.S.C. § 406(b) be granted. There have been no objections to the R&R. In the absence of objections, the Court reviews an R&R for clear error. Nur v. Olmsted Cnty., 563 F. Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Having reviewed the R&R and the entire record in this matter, the Court finds no error and accepts the R&R in full.
Accordingly, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation (Doc. 31) is ACCEPTED.
2. Plaintiff’s Counsel’s Motion for Attorney’s Fees under 42 U.S.C. § 406(b) (Doc. 25) is GRANTED.
3. Plaintiff’s counsel is AWARDED $28,316.75 for reasonable attorney’s fees under 42 U.S.C. § 406(b) out of Plaintiff’s past-due benefits in accordance with agency policy.
4. In accordance with 42 U.S.C. § 406(b) and Gisbrecht v. Barnhart, 535 U.S. 789 (2002), Plaintiff’s counsel shall refund to Plaintiff the amount of $9,154.00, which represents the Equal Access to Justice Act fees previously awarded to counsel (Doc. 24), within 14 days of receipt of the $28,316.75 from the Commissioner.
Date: January 27, 2025 s/Katherine Menendez Katherine Menendez United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.