Lopez v. O'Malley, Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT DDOACTE # :F ILED: 2/13/2 025 SOUTHERN DISTRICT OF NEW YORK JACQUELINE LOPEZ, Plaintiff, 1:20-cv-07912 (MKV) (SDA) -against- ORDER ADOPTING REPORT MARTIN O’MALLEY,1 Commissioner of Social AND RECOMMENDATION Security, Defendant. MARY KAY VYSKOCIL, United States District Judge: Plaintiff Jacqueline Lopez’s attorneys, Seelig Law Offices, LLC, requests that the Court approve attorneys’ fees of $21,890.13 pursuant to 42 U.S.C. § 406(b). [ECF No. 35]. The United States Attorney’s office for the Southern District of New York submitted a letter expressing that the Commissioner neither supports nor opposes the request for attorneys’ fees. [ECF No. 40]. On June 27, 2024, Magistrate Judge Aaron filed a Report and Recommendation. [ECF No. 41 (the “Report and Recommendation” or the “Report”)]. No party timely filed any objections to Magistrate Judge Aaron’s Report and Recommendation, nor has the Court received any untimely objections as of the date of this order. In reviewing a magistrate judge’s report and recommendation, a district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The Court reviews a report and recommendation to which no objections are filed for clear error. See Fed. R. Civ. P. 72; Colvin v. Berryhill, 734 F. App’x 756, 1 On December 20, 2023, Martin O’Malley became the Acting Commissioner of Social Security, succeeding Commissioner Kilolo Kijakazi. Accordingly, pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the Court has substituted Martin J. O’Malley in the caption in place of Kilolo Kijakazi. No further action need be taken to continue this suit. See 42 U.S.C. § 405(g). 758 (2d Cir. 2018); Edwards v. Fischer, 414 F. Supp. 2d 342, 346-47 (S.D.N.Y. 2006). The reasoning and conclusions of Magistrate Judge Aaron’s Report and Recommendation are sound and well-supported, and the Court, therefore, adopts them. It is therefore ORDERED that the Court ADOPTS the Report in its entirety. Accordingly, Plaintiffs Motion for attorneys’ fees is GRANTED. Specifically, Plaintiff's counsel should be awarded $21,890.13 in fees and Plaintiffs counsel is required to refund the previously paid EAJA fees of $8,800.00 directly to Plaintiff. The Clerk of the Court respectfully is directed to terminate the motion at ECF No. 35 and close this case. SO ORDERED.

Date: February 13, 2025 | K here / New York, NY sin ray GCI. United StatesDistrict Judge