Erway v. Commissioner of Social Security ( 2023 )


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  • UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ALAN LEE E., Plaintiff, Case No. 1:19-cv-13388 v. Honorable Thomas L. Ludington United States District Judge COMMISSIONER OF SOCIAL SECURITY, Honorable Anthony P. Patti Defendant. United States Magistrate Judge ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING PLAINTIFF’S MOTION FOR ATTORNEY FEES On August 4, 2023, Magistrate Judge Anthony P. Patti issued a report recommending that Plaintiff’s Motion for Attorney’s Fees, ECF No. 29, be granted and Plaintiff’s attorney be awarded $21,863.00 in attorney’s fees under 42 U.S.C. § 406(b). ECF No. 36 at PageID.1255, 1260. Judge Patti provided 14 days to object, but the parties did not do so. They have therefore forfeited their right to appeal Judge Patti’s findings. See Berkshire v. Dahl, 928 F.3d 520, 530–31 (6th Cir. 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). There is no clear error in the Report. Accordingly, it is ORDERED that Judge Patti’s Report and Recommendation, ECF No. 36, is ADOPTED. Further, it is ORDERED that Plaintiff’s Motion for Attorney’s Fees, ECF No. 29, is GRANTED. Further, it is ORDERED that Plaintiff’s Attorney is AWARDED attorney’s fees in the amount of $21,863.00. Dated: August 23, 2023 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge

Document Info

Docket Number: 1:19-cv-13388

Filed Date: 8/23/2023

Precedential Status: Precedential

Modified Date: 6/23/2024