Ackerman v. Commissioner of Social Security ( 2024 )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION TINA LOUISE ACKERMAN, Plaintiff, v. Case No. 6:23-cv-1611-RBD-LLL COMMISSIONER OF SOCIAL SECURITY, Defendant. ____________________________________ ORDER Before the Court is Plaintiff’s Uncontested Motion for Attorney’s Fees. (Doc. 25 (“Motion”).) On referral, U.S. Magistrate Judge Laura Lothman Lambert entered a Report and Recommendation stating that the Court should grant the Motion. (Doc. 26 (“R&R”).) The parties did not object and the time has passed, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted. Accordingly, it is ORDERED AND ADJUDGED: 1. The R&R (Doc. 26) is ADOPTED AND CONFIRMED and made a part of this Order in its entirety. 2. Plaintiff’s Motion (Doc. 25) is GRANTED. 3. Plaintiff is AWARDED $4,011.93 in attorney’s fees and $402.00 in costs, for a total of $4,413.93. 4. The Clerk is DIRECTED to enter judgment in favor of Plaintiff and against Defendant in the amount of $4,413.93 under 28 U.S.C. § 2412(d). The Commissioner is permitted to exercise his discretion to honor Plaintiff's assignment of fees to counsel if the U.S. Department of Treasury determines that Plaintiff does not owe a debt to the U.S. Government. (See Doc. 25-1.) 5. The file is to remain closed. DONE AND ORDERED in Chambers in Orlando, Florida, on April 2, 2024. ROY B. DALTON, JR. United States District Judge