Lapompe v. Commissioner of the Social Security Administration

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------x Ranier Lapompe, Plaintiff, MEMORANDUM & ORDER 21-cv-4160(EK)(TAM) -against- Commissioner of the Social Security Administration, Defendant. ------------------------------------x ERIC KOMITEE, United States District Judge: The Court has received Magistrate Judge Merkl’s Report and Recommendation (R&R) dated February 7, 2025. ECF No. 27.

Judge Merkl recommends granting Plaintiff’s motion for attorney’s fees under 42 U.S.C. § 406(b). Neither party has filed objections and the time to do so has expired.

Accordingly, the Court reviews Judge Merkl’s recommendation for clear error on the face of the record. See Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 addition; accord State Farm Mut. Auto. Ins. Co. v. Grafman, 968 F. Supp. 2d 480, 481 (E.D.N.Y. 2013).

Having reviewed the record, I find no error and therefore adopt the R&R in its entirety. Thus, Plaintiff’s counsel is awarded $15,952.75 in fees. Plaintiff’s counsel is directed to reimburse Plaintiff $5,122.24 in fees awarded under the Equal Access to Justice Act (“EAJA”) once Counsel receives the EAJA payment.

SO ORDERED.

/s/ Eric Komitee ERIC KOMITEE United States District Judge

Dated: February 24, 2025 Brooklyn, New York