Shedd v. Social Security Administration, Commissioner of

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT KNOXVILLE

TRACY RAYANNA SHEDD, ) )

Plaintiff, ) ) v. ) NO. 3:20-CV-119 ) (COLLIER/GUYTON)

COMMISSIONER OF SOCIAL SECURITY, ) )

Defendant. )

O R D E R

On September 20, 2021, United States Magistrate Judge H. Bruce Guyton filed a report and recommendation (Doc. 27) on Plaintiff’s motion for attorney fees under 28 U.S.C. § 406(b) (Doc. 22). Neither party has objected to the R&R within the given fourteen days. See 28 U.S.C. § 2412.

The Court hereby ACCEPTS and ADOPTS the Magistrate Judge’s findings of fact, conclusions of law, and recommendations (Doc. 27), modifying only the total amount awarded.1 Accordingly, Plaintiff’s motion for attorney fees (Doc. 22) is GRANTED. Plaintiff is awarded $3,551.96 in attorney fees, $24.00 in expenses, and $400.00 in costs, for a total award of $3,975.96 pursuant to 28 U.S.C. § 2412. In accordance with Astrue v. Ratliff, 560 U.S. 586 (2010), the fee is payable to Plaintiff as the litigant and may be subject to offset to satisfy a pre-existing debt the litigant owes to the United States. If Plaintiff owes no debt to the United States, payment may be made directly to Plaintiff’s counsel pursuant to Plaintiff’s assignment (Doc. 23-6).

1 The individual components of the award—$3,551.96 in attorney fees, $24.00 in expenses, and $400.00 in costs—add up to $3,975.96, rather than $3,969.21 as stated in the R&R. SO ORDERED.

ENTER: /s/_________________________

CURTIS L. COLLIER

UNITED STATES DISTRICT JUDGE