UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS

ARVA LEE BUTLER, § CASE NO. 1:18-CV-00424-MAC versus § § COMMISSIONER OF SOCIAL § SECURITY, §

ORDER ADOPTING 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 406(b) 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 ADOPTED and the motion should be GRANTED. It is therefore ORDERED that the Plaintiffs Motion for Attorney’s Fees Pursuant to

(b) (Doc. No. 23) is GRANTED. It is further ORDERED that Counsel Howard D. Olinsky is awarded attorney fees under 42 U.S.C.§ 406(b) in the amount of $18,852.50. Upon receipt of that payment, Mr. Olinsky is ORDERED to refund EAJA fees in the amount of $5,362.74 directly to the claimant. See 28 U.S.C.§ 2412 note, Act of Aug. 5, 1985,

,

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

SIGNED at Beaumont, Texas, this 22nd day of January, 2021.

□□ be Crone. MARCIA A.CRONE-