BENSON v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER, No. 1:2020cv00469 - Document 37 (D. Me. 2023)

Court Description: ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE granting 36 REPORT AND RECOMMENDED DECISION re 33 MOTION for Attorney Fees under 42 U.S.C 406(b) By JUDGE JON D. LEVY. (clp)

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BENSON v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER Doc. 37 Case 1:20-cv-00469-JDL Document 37 Filed 08/30/23 Page 1 of 2 PageID #: 1446 UNITED STATES DISTRICT COURT DISTRICT OF MAINE JENNIFER B. Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner, Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) No. 1:20-cv-00469-JDL ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE Plaintiff Jennifer B. filed a Motion for Attorney’s Fees (ECF No. 33) pursuant to 42 U.S.C.A. § 406(b) (West 2023), after I vacated the Commissioner’s final administrative decision in the underlying case and remanded the case for further proceedings (ECF Nos. 29, 30). The parties do not dispute that the Plaintiff is entitled to reasonable fees under section 406(b), which permits attorney’s fees not exceeding “25 percent of the total of the past-due benefits” award issued pursuant to a judgment under Title 42, Subchapter II of the United States Code. 42 U.S.C.A. § 406(b)(1)(A). However, the Commissioner questions the timeliness of Plaintiff’s motion (ECF No. 34). On July 10, 2023, United States Magistrate Judge Karen Frink Wolf, filed her Recommended Decision (ECF No. 36) on the instant motion pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2023) and Fed. R. Civ. P. 72(b). Neither party objected to the Dockets.Justia.com Case 1:20-cv-00469-JDL Document 37 Filed 08/30/23 Page 2 of 2 PageID #: 1447 Recommended Decision, which concluded with a notice to the parties that failure to object would waive their right to de novo review and appeal. Notwithstanding this waiver, I have reviewed the Recommended Decision, together with the entire record, de novo, and considered all matters adjudicated therein. I concur with the Magistrate Judge’s recommendations as set forth in her Recommended Decision and determine that no further proceeding is necessary. It is therefore ORDERED that the Magistrate Judge’s Recommended Decision (ECF No. 36) is hereby ACCEPTED, and the Plaintiff’s Motion (ECF No. 33) is GRANTED as follows: attorney’s fees and costs are awarded in the amount of $7,530.87. SO ORDERED. Dated this 30th day of August, 2023. /s/ Jon D. Levy CHIEF U.S. DISTRICT JUDGE 2

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