Bradford-Allen v. Commissioner of Social Security ( 2024 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION CHERYL B., Plaintiff, Case No. 1:21-cv-10268 v. Honorable Thomas L. Ludington United States District Judge COMMISSIONER OF SOCIAL SECURITY, Honorable David R. Grand Defendant. United States Magistrate Judge _________________________________________/ OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING PLAINTIFF’S MOTION FOR ATTORNEY’S FEES On February 5, 2021, Plaintiff Cherly B. filed a complaint challenging the Commissioner of Social Security’s final decision denying her application for Disability Insurance Benefits. ECF No. 1. On September 9, 2021, Plaintiff filed a motion for summary judgment. ECF No. 16. On October 8, 2021, based on the Parties’ Stipulation, this Court issued a judgment remanding the case for further consideration by the Administrative Law Judge (ALJ) under 42 U.S.C. § 405(g). ECF Nos. 17; 18. On December 22, 2021, this Court issued a stipulated order awarding Plaintiff Counsel Bethany G. Versical $4,637.50 in attorney’s fees under the Equal Access of Justice Act (EAJA), 28 U.S.C. § 2412. ECF No. 19. Plaintiff prevailed on remand. On May 11, 2024, the Social Security Administration (SSA) awarded her $173,851.00 in past-due benefits. ECF No. 20-2 at PageID.1936. Two weeks later, Attorney Versical filed a motion seeking $17,902 in attorney’s fees under 42 U.S.C. § 406(b). ECF No. 20. Notably, Attorney Versical only represented Plaintiff in the instant federal proceeding. Id. at PageID.1902. Kwitoski & Associates—a law firm that employs Attorney Versical—represented Plaintiff throughout her administrative proceedings and will separately seek fees from the SSA totaling $25,462. Id. Attorney Versical acknowledges that she will reimburse Plaintiff the $4,637.50 in fees she received under the EAJA. Id. at PageID.1909. Attorney Versical’s Motion was referred to Magistrate Judge David R. Grand, ECF No. 21, who issued a Report and Recommendation (R&R) on September 27, 2024. ECF No. 22. Judge Grand concluded that the proposed award was proper and recommended this Court grant Attorney Versical’s Motion in its entirety. Id. at PageID.1977. Judge Grand provided the Parties 14 days to object, id., but the Parties did not do so. Thus, they have forfeited their right to appeal Judge Grand’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 Judge Grand’s R&R. Accordingly, it is ORDERED that Judge David R. Grand’s Report and Recommendation, ECF No. 22, is ADOPTED. Further, it is ORDERED that Attorney Versical’s Motion for Attorney’s Fees, ECF No. 20, is GRANTED. Further, it is ORDERED that Plaintiff Counsel Bethany G. Versical is AWARDED $17,902.00 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 Counsel Versical is DIRECTED to reimburse Plaintiff $4,637.50 that was awarded under the Equal Access to Justice Act. Dated: October 17, 2024 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge