Bates v. Social Security Administration, Commissioner of
Bates v. Social Security Administration, Commissioner of
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA
TASHA JEANNETTE BATES, ) ) Plaintiff, ) ) No. 1:24-CV-266 v. ) ) Judge Curtis L. Collier COMMISSIONER OF SOCIAL SECURITY ) Magistrate Judge Cynthia R. Wyrick ADMINISTRATION, ) ) Defendant. ) )
O R D E R
Before the Court is Plaintiff Tasha Jeannette Bate’s motion for attorney fees pursuant to the Equal Access to Justice Act,
28 U.S.C. § 2412. (Doc. 19.) The parties filed a joint stipulation agreeing that an award of $7,613.56 is appropriate. (Doc. 20.) United States Magistrate Judge Cynthia R. Wyrick filed a report and recommendation (the “R&R”) (Doc. 21) on April 10, 2025, pursuant to
28 U.S.C. § 636(b) and Rule 72(b) of the Federal Rules of Civil Procedure. Neither party has objected to the R&R within the given fourteen days. See Fed. R. Civ. P. 72(b). 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. Accordingly, it is ORDERED that Plaintiff’s motion for attorney fees pursuant to the Equal Access to Justice Act (Doc. 19) is GRANTED, and the total fee award in the amount of $7,613.56 is APPROVED. It is further ORDERED that, 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 any pre- existing debt the litigant may owe to the United States, and that, if Plaintiff owes no debt to the United States, then the payment of the fees can be made to Plaintiff’s counsel to the extent that Plaintiff and Plaintiff’s counsel have executed a valid fee assignment.
SO ORDERED.
ENTER: /s/_________________________ CURTIS L. COLLIER UNITED STATES DISTRICT JUDGE
Reference
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