Garlington v. Commissioner of Social Security Administration

District Court, E.D. Texas

Garlington v. Commissioner of Social Security Administration

Trial Court Opinion

**NOT FOR PRINTED PUBLICATION**

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION

LAURIE ANN GARLINGTON, § § Plaintiff, § CIVIL ACTION NO. 9:17-CV-00030-RC § v. § § COMMISSIONER OF SOCIAL SECURITY § ADMINISTRATION, § § Defendant. §

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION REGARDING ATTORNEY FEES

Before the court is a report and recommendation of the United States magistrate judge regarding the Plaintiff’s Motion for Approval of Attorney’s Fees. The parties have not filed objections to the report. Having conducted an independent review, the court concludes that the the report of the magistrate judge should be ACCEPTED and the motion should be GRANTED. It is therefore ORDERED that the Plaintiff’s Motion for Approval of Attorney’s Fees Pursuant to

42 U.S.C. § 406

(b) (Doc. No. 26) is GRANTED. It is further ORDERED that Counsel Ronald D. Honig is awarded attorney fees under

42 U.S.C. § 406

(b) in the amount of $14,731.75. Upon receipt of that payment, Mr. Honig is ORDERED to refund EAJA fees in the amount of $5,639.34 directly to the claimant. See

28 U.S.C. § 2412

note, Act of Aug. 5, 1985, Pub. L. No. 99–80, § 3,

99 Stat. 183

, 186; Gisbrecht, 535 U.S. at 796 (requiring attorneys to refund to the claimant the amount of the smaller fee).

Reference

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