Federico v. Commissioner of Social Security

District Court, S.D. New York

Federico v. Commissioner of Social Security

Trial Court Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED MARIANGELA ELIZABETH FEDERICO, DOCH DATE FILED: _7/11/2023 Plaintiff, -against- 20 Civ. 2220 (AT) (OTW) COMMISSIONER OF SOCIAL SECURITY, ORDER ADOPTING REPORT AND Defendant. RECOMMENDATION ANALISA TORRES, District Judge: On September 28, 2022, Plaintiff, Mariangela Elizabeth Federico, filed a motion for attorney’s fees pursuant to

42 U.S.C. § 406

(b). ECF No. 26. On September 29, 2022, the Court referred the matter to the Honorable Ona T. Wang. ECF No. 29. After careful consideration, Judge Wang issued a Report and Recommendation (“R&R”), recommending that Plaintiff’s motion for attorney’s fees be granted. ECF No. 30. Despite notification of the right to object to the R&R, ECF No. 30 at 4, no objections were filed, and the time to do so has passed. See Fed. R. Civ. P. 72(b); see also

28 U.S.C. § 636

(b)(1). The Court reviews the R&R for clear error, see Santiago v. Colvin, 12 Civ. 7052,

2014 WL 1092967

, at *1 (S.D.N.Y. Mar. 17, 2014), and finds no clear error. Accordingly, the Court ADOPTS Judge Wang’s R&R in its entirety. The Court directs Defendant to approve a payment of $23,540 to Plaintiff’s counsel, and upon receipt of that payment, Plaintiff’ s counsel shall refund $7,235 to Plaintiff. ECF No. 30 at4. The Clerk of Court is directed to terminate the motion at ECF No. 26. SO ORDERED. Dated: July 11, 2023 New York, New York _ ANALISA TORRES United States District Judge

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