Hanley v. Social Security Administration, Commissioner of ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION CHRISTA H., Plaintiff, Case No. 1:22-cv-10463 v. Honorable Thomas L. Ludington United States District Judge COMMISSIONER OF SOCIAL SECURITY, Honorable Elizabeth A. Stafford Defendant. United States Magistrate Judge ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING PLAINTIFF’S MOTION FOR ATTORNEY FEES On September 22, 2023, Magistrate Judge Elizabeth A. Stafford, issued a report recommending that this Court grant Plaintiff’s Motion for Attorney’s Fees. ECF No. 20. Specifically, Judge Stafford recommended that Plaintiff’s attorney be awarded $16,620.98 in attorney’s fees under 42 U.S.C. § 406(b) and that he be directed to refund Plaintiff the EAJA award of $7,406.25. ECF No. 22. Judge Stafford provided 14 days to object, but the parties did not do so. They have therefore forfeited their right to appeal Judge Stafford’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 Altman’s Report and Recommendation, ECF No. 22, is ADOPTED. Further, it is ORDERED that Plaintiff’s Motion for Attorney’s Fees, ECF No. 20, is GRANTED. Further, it is ORDERED that Plaintiff’s Attorney is AWARDED attorney’s fees in the amount of $16,620.98. Further, it is ORDERED that Plaintiff’s attorney is DIRECTED to refund Plaintiff the EAJA award of $7,406.25. This is a final order. Dated: October 10, 2023 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge