IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION CHARLES LESTER BIBBINS, Plaintiff, VS. No. 1:20-CV-561 JUDGE MICHAEL J. TRUNCALE COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING APPLICATION FOR ATTORNEY’S 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 report of the magistrate judge should be ADOPTED and the motion should be GRANTED. It is therefore ORDERED that the Plaintiff's Motion for Attorney’s Fees Pursuant to

(b) [Dkt. 29] is GRANTED. It is further ORDERED that Counsel Michael Kelly is awarded attorney fees under

(b) in the amount of $17,000.00. Upon receipt of that payment, Mr. Kelly is ORDERED to refund EAJA fees in the amount of $4,945.90 directly to the claimant. See

note, Act of Aug. 5, 1985,

,

, 186; Gisbrecht v. Barnhart,

(2002) (requiring attorneys to refund to the claimant the amount of the smaller fee).

SIGNED this 25th day of October, 2024.

Michael J. ‘Truncale I United States District Judge