Arnold v. Commissioner of Social Security

District Court, E.D. Texas

Arnold v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00382 Jennifer Marie Arnold, Plaintiff, v. Commissioner, SSA, Defendant.

ORDER Plaintiff’s lawyer, Ronald Honig, filed an unopposed petition to obtain approval of a fee for representing a social-security claim- ant pursuant to

42 U.S.C. § 406

(b). Doc. 23. The motion was re- ferred to Magistrate Judge John D. Love for findings of fact and recommendation for disposition. On May 29, 2025, Judge Love issued a report and recommen- dation that Mr. Honig’s petition be granted and that the Commis- sioner pay the requested § 406(b) fee award to plaintiffs counsel in the amount of $14,704.00. Doc. 24. Judge Love further recom- mended that, concomitant with the award of attorney fees under § 406(b), plaintiff’s counsel shall refund the amount of $6,006.14 in Equal Access to Justice Act (EAJA) fees to plaintiff. Jd. Neither party has filed objections to Judge Love’s report and recommendation, and the time for doing so has passed. The court therefore reviews the magistrate judge’s findings only for clear er- ror or abuse of discretion and reviews his legal conclusions to de- termine whether they are contrary to law. See United States v. Wil- son,

864 F.2d 1219, 1221

(5th Cir. 1989) (explaining that, if no ob- jections to a magistrate judge’s report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law”), cert. denied,

492 U.S. 918

(1989). Having reviewed the magistrate judge’s report (Doc. 24), and being satisfied that it contains no clear error, the court accepts its findings and recommendation. Mr. Honig’s petition (Doc. 23) is

granted, and the Commissioner shall pay the requested § 406(b) fee award to plaintiff’s counsel in the amount of $14,704.00. Con- comitant with the award of attorney fees under § 406(b), plain- tiff’s counsel shall refund the amount of $6,006.14 in EAJA fees to plaintiff. So ordered by the court on June 26, 2025.

_ [Garb BARKER United States District Judge

_2-

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