Hernandez v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

ERIKA HERNANDEZ,

Plaintiff,

v. Case No: 2:20-cv-871-JLB-NPM

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

ORDER On November 4, 2021, the Magistrate Judge entered a Report and Recommendation (“R&R”), recommending that Plaintiff Erika Hernandez’s Unopposed Motion (Doc. 21) for Attorney’s Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d) be granted. (Doc. 24.) No party has objected and the time to do so has expired. A district judge may accept, reject, or modify the magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). In the absence of objections, a district judge is not required to review the factual findings in the report de novo, but legal conclusions are reviewed de novo even without an objection. Id.; Cooper- Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). After an independent review of the record—and noting that no objection has been filed—the Court agrees with the R&R. Accordingly, itis ORDERED: 1. The R&R (Doc. 24) is ADOPTED, and Plaintiff's Motion for Attorney’s Fees (Doc. 21) is GRANTED. 2. The Court awards Plaintiff $7,257.25 in attorney’s fees. 3. If the United States Department of the Treasury determines that Ms. Hernandez does not owe a federal debt, the Government will accept her assignment of EAJA fees and pay fees directly to her counsel. 4. The Clerk is DIRECTED to enter judgment accordingly. ORDERED at Fort Myers, Florida, on November 29, 2021. □ Z JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE