Hill v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION TONYA KAYE HILL, § § Plaintiff, § § § CASE NO. 6:20-cv-393-JDK-KNM v. § § § COMMISSIONER, SOCIAL § SECURITY ADMINISTRATION, § § Defendant. §

ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

Plaintiff Tonya Kaye Hill filed this appeal from a final administrative decision of the Commissioner of the Social Security Administration denying her applications for Social Security Disability Insurance benefits and Supplemental Security Income benefits. On August 4, 2021, the Court reversed the Commissioner’s final administrative decision and remanded the matter to the Commissioner for further proceedings. Before the Court is Plaintiff’s Motion and Memorandum for Attorney’s Fees Pursuant to the Equal Access to Justice Act. Docket No. 27. The motion was referred to United States Magistrate Judge K. Nicole Mitchell for findings of fact and recommendations for disposition. Docket No. 29.

On November 16, 2021, Judge Mitchell issued a Report recommending that the Court grant the unopposed motion and award Plaintiff $6,416.61 in fees and $23.00 in expenses. Docket No. 30. No written objections have been filed.

This Court reviews the findings and conclusions of the Magistrate Judge de novo only ifa party objects within fourteen days of service of the Report and Recommendation. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (Sth Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).

Here, the Commissioner did not object in the prescribed period. The Court therefore reviews the Magistrate Judge’s findings for clear error or abuse of discretion and reviews the legal conclusions to determine whether they are contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989), cert. denied, 492 U.S. 916 (1989) (holding that the standard of review is “clearly erroneous, abuse of discretion and contrary to law” if no objections to a Magistrate Judge’s Report are filed).

Having reviewed the Magistrate Judge’s Report and the record in this case, the Court finds no clear error or abuse of discretion and no conclusions contrary to law.

Accordingly, the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket No. 30) as the findings of this Court. The unopposed motion for EAJA fees (Docket No. 27) is GRANTED. The Commissioner shall pay Plaintiff for fees incurred totaling $6,416.61 and expenses totaling $23.00 pursuant to the EAJA, 28 U.S.C. § 2412(d), with the funds payable to Plaintiff and forwarded to Plaintiff through her attorney of record.

So ORDERED and SIGNED this 3rd day of December, 2021. ony DY Kobe JERQMY D, KERNODIE UNITED STATES DISTRICT JUDGE