Enrique C. Cabrera v. Commissioner of the Social Security Administration

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------x ENRIQUE C. CABRERA, Plaintiff, MEMORANDUM & ORDER 23-CV-6065 (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 December 10, 2025. ECF No. 19.

Judge Merkl recommends that the Court grant plaintiff’s motion for attorney’s fees, ECF No. 16, that plaintiff’s counsel be awarded $19,305.00 in fees pursuant to 42 U.S.C. § 406(b), and that counsel reimburse plaintiff any fees received under the Equal Access to Justice Act. 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, the motion for attorney’s fees is granted, and plaintiff’s counsel is awarded $19,305.00 pursuant to 42 U.S.C. § 406(b). Counsel should reimburse plaintiff any fees received under the Equal Access to Justice Act.

SO ORDERED.

/s/ Eric Komitee ERIC KOMITEE United State s District Judge

Dated: February 4, 2026 Brooklyn, New York