Davis v. Social Security, Commissioner of, No. 2:2023cv10004 - Document 15 (E.D. Mich. 2024)
Court Description: OPINION and ORDER Adopting 14 Report and Recommendation and Granting Plaintiff's 10 Motion for Attorney Fees. Signed by District Judge Thomas L. Ludington. (KWin)
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Davis v. Social Security, Commissioner of Doc. 15 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION MEGAN D., Plaintiff, v. Case No. 1:23-cv-10004 Honorable Thomas L. Ludington United States District Judge COMMISSIONER OF SOCIAL SECURITY, Defendant. _________________________________________/ Honorable Elizabeth A. Stafford United States Magistrate Judge OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING PLAINTIFF’S MOTION FOR ATTORNEY’S FEES In March 2023, Plaintiff Megan D.'s social-security-benefits case was remanded to the Commissioner for further administrative action. See ECF Nos. 6; 7. In April 2024, Plaintiff filed a motion for attorney's fees under 42 U.S.C. § 406(b). ECF No. 10. Plaintiff proposes an award of $14,757.73, which would be withheld from her past-due disability benefits and paid to her Counsel of record, Attorney Daniel S. Jones of the Law Offices of Harry J. Binder and Charles E. Binder, P.C. ECF No. 14 at PageID.919–20. Upon receipt of this sum, Plaintiff’s Counsel would then “reimburse [P]laintiff the $3,834.65 that was awarded under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412.” Id. at PageID.920. Plaintiff’s Motion was referred to Magistrate Judge Elizabeth A. Stafford, ECF No. 13, who issued her Report and Recommendation (R&R) on April 10, 2024. ECF No. 14. Judge Stafford concluded that Plaintiff’s proposed attorney’s fees award was proper and recommended this Court grant Plaintiff’s Motion in its entirety. Id. at PageID.923. Judge Stafford provided the Parties 14 days to object, but the Parties did not do so. Thus, they have forfeited their right to appeal Judge Stafford’s findings. See Berkshire v. Dahl, 928 F.3d Dockets.Justia.com 520, 530–31 (6th Cir. 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). There is no clear error in Judge Stafford’s R&R. Accordingly, it is ORDERED that the Magistrate Judge’s Report and Recommendation, ECF No. 14, is ADOPTED. Further, it is ORDERED that Plaintiff’s Motion for Attorney’s Fees, ECF No. 10, is GRANTED. Further, it is ORDERED that Plaintiff’s Counsel is AWARDED $14,757.73 in attorney’s fees, to be withheld from Plaintiff’s past-due disability benefits award. Further, it is ORDERED that, upon receipt of this attorney’s fees award, Plaintiff’s Counsel is DIRECTED to reimburse Plaintiff $3,834.65 that was awarded under the Equal Access to Justice Act. Dated: April 25, 2024 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge - 2 -
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