Gonzales v. Commissioner, Social Security Administration

District Court, N.D. Texas

Gonzales v. Commissioner, Social Security Administration

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS SAN ANGELO DIVISION JOANN G., Plaintiff, | No. 6:20-CV-073-H-BU KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE United States Magistrate John R. Parker made Findings, Conclusions, and a Recommendation (FCR) regarding Plaintiffs Motion for Attorney Fees Under the Equal Access to Justice Act (Dkt. No. 26) on May 16, 2022. See Dkt. No. 28. Judge Parker recommended that the Court grant the plaintiffs motion and award the plaintiff $7,054.42 in fees and $400 in costs. Dkt. No. 28 at 2. No objections to the FCR were filed. Where no specific objections are filed within fourteen days, the Court reviews the Magistrate Judge’s findings, conclusions, and recommendation only for plain error. See Douglass v. United Servs. Auto. Ass’n,

79 F.3d 1415, 1417

(Sth Cir. 1996), superseded by statute on other grounds,

28 U.S.C. § 636

(b)(1); Serrano v. Customs & Border Patrol, U.S. Customs & Border Prot.,

975 F.3d 488, 502

(Sth Cir. 2020). The Court has examined the record and reviewed the FCR for plain error. Finding none, the Court accepts and adopts the FCR (Dkt. No. 28). Plaintiffs Motion for Attorney Fees Under the Equal Access to Justice Act (Dkt. No. 26) is granted. Pursuant to the Act, the plaintiff is hereby awarded $7,054.42 in attorney’s fees and $400 in costs. Subject to any

offset under the Treasury Offset Program, payment of all checks pursuant to this Order shall be payable to Plaintiff Joann G. and mailed in care of her attorney, David F Chermol, at the Law Offices of Chermol & Fishman, LLC, 11450 Bustleton Avenue, Philadelphia, PA, 19116. The Court previously entered a judgment in this case (Dkt. No. 25); another is not necessary. So ordered on June 5 , 2022. ; MOD JAMES WESLEY HENDRIX UNIPED STATES DISTRICT JUDGE / /

Reference

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