(SS) Bowen v. Commissioner of Social Security, No. 1:2010cv02370 - Document 29 (E.D. Cal. 2012)

Court Description: ORDER On Magistrate Judge's FINDINGS AND RECOMMENDATIONS (Doc. No. 28 ), signed by Chief Judge Anthony W. Ishii on 10/4/2012. The Findings and Recommendation filed on August 27, 2012, are ADOPTED IN FULL.(Fahrney, E)

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(SS) Bowen v. Commissioner of Social Security Doc. 29 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT FOR THE 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 13 PATSY BOWEN, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, Commissioner ) of Social Security, ) ) Defendant. ) ) ____________________________________) 1:10-CV-2370 AWI JLT ORDER ON MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATIONS (Doc. No. 28) 14 15 16 On March 28, 2012, the Court adopted a Findings and Recommendation by the 17 Magistrate Judge and remanded this social security appeal for a payment of benefits. See Doc. 18 No. 22. On August 13, 2012, Plaintiff filed a motion for attorney’s fees pursuant to 42 U.S.C. 19 § 406(b). 20 On August 27, 2012, the Magistrate Judge issued a Findings and Recommendation that 21 recommended granting Plaintiff’s motion. See Doc. No. 28. The Findings and Recommendation 22 specifically recommended awarding $12,832 in attorney’s fees, but also recommended that 23 Plaintiff’s counsel refund $4,600 to Plaintiff. See id. Findings and Recommendation provided 24 that any objections were to be filed within 14 days of service of the order. See id. More than 14 25 days have passed, and no objections have been filed. 26 In accordance with the provisions of 28 U.S.C. § 636(b), this Court has conducted an 27 appropriate review. Having carefully reviewed the entire file, the Court finds that the Findings 28 and Recommendation (Doc. No. 28) are supported by the record and proper analysis. Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendation filed on August 27, 2012, are ADOPTED IN FULL; 3 2. Plaintiff’s motion for attorney’s fees pursuant to 24 U.S.C. § 406(b) is GRANTED in the 4 amount of $12,832.00; 5 3. Defendant is directed to pay the $12,832.00 directly to Plaintiff’s counsel; 6 4. Plaintiff’s counsel shall refund $4,600.00 to Plaintiff Patsy Bowen; and 7 5. Within five (5) days of payment of the $4,600.00 to Plaintiff Patsy Bowen, Plaintiff’s 8 9 counsel shall file with the court a notice of compliance with/completion of this order. IT IS SO ORDERED. 10 11 Dated: 0m8i78 October 4, 2012 CHIEF UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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