Johnson v. Commissioner, Social Security Administration

N.D. Texas

Johnson v. Commissioner, Social Security Administration

District Court, N.D. Texas·Decided September 12, 2023·No. 1:21-cv-00145·Unknown

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS ABILENE DIVISION TAMMY J., Plaintiff, v. No. 1:21-CV-145-H-BU KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ORDER The United States Magistrate Judge issued Findings, Conclusions, and a Recommendation (FCR) that the plaintiffs motion for attorney’s fees (Dkt. No. 28) be granted and that she be awarded $4,614.97 in attorney’s fees. Dkt. No. 30. The Commissioner did not respond to the plaintiff's motion and has not filed any objections to the FCR, Where no specific objections are filed within the 14-day period, the Court reviews the Magistrate Judge’s findings, conclusions, and recommendations only for plain error. See Douglass v. United Servs. Auto Ass'n, 79 F.3d 1415, 1417 (5th Cir. 1996), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1); Serrano v. Customs & Border Patrol, U.S. Customs & Border Prot., 975 F.3d 488, 502 (Sth Cir. 2020). The District Court has reviewed the FCR for plain error. Finding none, the Court accepts and adopts the FCR. Accordingly, the Court grants the plaintiffs motion for attorney’s fees (Dkt. No. 28). Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, the Court awards the plaintiff $4,614.97 in attorneys fees. If the plaintiff has no debt registered with the

Department of Treasury subject to offset, the awarded fees shall be paid directly to her attorney of record. So ordered on September i. , wud.

JAMES/WESLEY HENDRIX UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS ABILENE DIVISION TAMMY J., Plaintiff, v. No. 1:21-CV-145-H-BU KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ORDER The United States Magistrate Judge issued Findings, Conclusions, and a Recommendation (FCR) that the plaintiffs motion for attorney’s fees (Dkt. No. 28) be granted and that she be awarded $4,614.97 in attorney’s fees. Dkt. No. 30. The Commissioner did not respond to the plaintiff's motion and has not filed any objections to the FCR, Where no specific objections are filed within the 14-day period, the Court reviews the Magistrate Judge’s findings, conclusions, and recommendations only for plain error. See Douglass v. United Servs. Auto Ass'n, 79 F.3d 1415, 1417 (5th Cir. 1996), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1); Serrano v. Customs & Border Patrol, U.S. Customs & Border Prot., 975 F.3d 488, 502 (Sth Cir. 2020). The District Court has reviewed the FCR for plain error. Finding none, the Court accepts and adopts the FCR. Accordingly, the Court grants the plaintiffs motion for attorney’s fees (Dkt. No. 28). Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, the Court awards the plaintiff $4,614.97 in attorneys fees. If the plaintiff has no debt registered with the

Department of Treasury subject to offset, the awarded fees shall be paid directly to her attorney of record. So ordered on September i. , wud.

JAMES/WESLEY HENDRIX UNITED STATES DISTRICT JUDGE

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Johnson v. Commissioner, Social Security Administration, (N.D. Tex. 2023).

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