Ballenger v. Commissioner of Social Security

District Court, E.D. Texas

Ballenger v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00441 Lisa Michelle Ballenger, Plaintiff, V. Commissioner, Social Security Administration, Defendant.

ORDER Plaintiff Lisa Michelle Ballenger initiated this action seeking ju- dicial review of the Commissioner’s decision to deny social security benefits. Following a remand to the Commissioner for further pro- ceedings, plaintiff filed a motion for EAJA attorney’s fees. Doc. 16. The motion was referred to United States Magistrate Judge K. Ni- cole Mitchell. Doc. 17. The magistrate judge issued a report recommending that the mo- tion for fees be granted. Doc. 18. No party objected to the report and recommendation. When a party fails to object to a magistrate judge’s report, the court reviews the record only for clear error. See Douglass vy. United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996) (en banc). Having reviewed the magistrate judge’s report, and being satis- fied that it contains no clear error, the court accepts its findings and recommendation. The court grants the motion for attorney’s fees. The Commissioner shall pay fees incurred totaling $7,102.50 and $402.00 in costs, payable to plaintiff and mailed to plaintiff’s coun- sel of record. So ordered by the court on August 14, 2024. fateh BARKER United States District Judge

Reference

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