(SS) Higgins v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHELLE A. HIGGINS, No. 2:19–cv–1593–KJM–KJN 12 Plaintiff, ORDER 13 v. (ECF Nos. 26, 32) 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 18 On August 31, 2022, the magistrate judge filed findings and recommendations (ECF 19 No. 32), which were served on the parties and which contained notice that any objections to the 20 findings and recommendations were to be filed within fourteen (14) days. No objections were 21 filed. 22 The court presumes that any findings of fact are correct. See Orand v. United States, 23 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 24 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 25 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 26 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 27 supported by the record and by the proper analysis. 28 ///// ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 32) are ADOPTED IN FULL; 3 2. Plaintiffs counsel’s motion for attorney’s fees (ECF No. 26) is GRANTED; 4 3. The Commissioner is ordered to pay plaintiffs counsel the sum of $12,222.99 in 5 attorney’s fees under 42 U.S.C. § 1383(d); and 6 4. Plaintiffs counsel is ordered to reimburse plaintiff for the $9,500.00 in previously- 7 awarded EAJA fees. 8 | DATED: October 26, 2022. 9 10 ( ti / ¢ q_/ "1 CHIEF NT] ED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28