Clabough v. Social Security Administration, Commissioner of

District Court, E.D. Tennessee

Clabough v. Social Security Administration, Commissioner of

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

LILLIAN IDA CLABOUGH, ) ) Plaintiff, ) ) No. 3:19-cv-235 v. ) ) Judge Curtis L. Collier COMMISSIONER OF SOCIAL SECURITY, ) ) Defendant. )

O R D E R

United States Magistrate Judge Debra C. Poplin filed a report and recommendation (the “R&R”) in this case, pursuant to

28 U.S.C. § 636

(b) and Fed. R. Civ. P. 72(b) (Doc. 36). Neither party has objected to the R&R within the given fourteen days. After reviewing the record, the Court agrees with the R&R. The Court hereby ACCEPTS and ADOPTS the magistrate judge’s findings of fact, conclusions of law, and recommendations (Doc. 36). Accordingly, it is ORDERED that Plaintiff’s motion for attorney fees (Doc. 24) is GRANTED, and Plaintiff is awarded $5,130.12 in attorney fees and $29.60 in expenses pursuant to the Equal Access to Justice Act (“EAJA”),

28 U.S.C. § 2142

. However, in accordance with Astrue v. Ratliff,

560 U.S. 586

(2010), the Court notes the EAJA fees are payable to Plaintiff as the litigant and may be subject to offset to satisfy a pre-exiting debt that Plaintiff owes to the United States. If Plaintiff owes no debt to the United States, the payment of the EAJA fees can be made directly to Plaintiff’s counsel per the assignment. SO ORDERED.

ENTER:

/s/_________________________ CURTIS L. COLLIER UNITED STATES DISTRICT JUDGE

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