Clour v. Kijakazi ( 2024 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Charles C.,1 Civ. No. 22-2054 (JWB/DJF) Plaintiff, v. ORDER ACCEPTING Kilolo Kijakazi, Acting Commissioner of REPORT AND RECOMMENDATION the Social Security Administration, OF MAGISTRATE JUDGE Defendant. Bryan Konoski, Esq., Kira Treyvus, Esq., Konoski & Partners, P.C.; James H. Greeman, Esq., Greeman Toomey, counsel for Plaintiff. Ana H. Voss, Esq., United States Attorney’s Office; Emily Carroll, Esq., and James D. Sides, Esq., Social Security Administration, counsel for Defendant. United States Magistrate Judge Dulce J. Foster issued a Report and Recommendation (“R&R”) on May 31, 2024. (Doc. No. 49.) No objections have been filed to that R&R in the time permitted. Absent timely objections, the R&R is reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, no clear error is found. Based on the R&R of the Magistrate Judge, and on all the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The May 31, 2024 R&R (Doc. No. 49) is ACCEPTED; 2. Plaintiff’s Motion for Authorization of Attorney Fees Pursuant to 42 U.S.C. 1 This District has adopted the policy of using only the first name and last initial of any nongovernmental parties in social security appeals. § 406(b) (Doc. No. 43) is GRANTED; and 3. Plaintiff’s counsel shall be awarded $31,802 in fees, reduced by the Court’s original Equal Access to Justice Act (“EAJA”) fee award of $8,000, for a net total fee of $23,802, to be paid from Plaintiff’s past-due benefits, pursuant to 42 U.S.C. § 406(b). Date: July 9, 2024 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge