Rodriguez v. Commissioner of Social Security

E.D. New York

Rodriguez v. Commissioner of Social Security

District Court, E.D. New York·Decided June 13, 2022·No. 1:20-cv-05284·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------x

NURIS M. RODRIGUEZ,

Plaintiff, MEMORANDUM & ORDER 20-CV-5284(EK)(CLP) -against-

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

------------------------------------x ERIC KOMITEE, United States District Judge: The Court has received Magistrate Judge Pollak’s Report and Recommendation (R&R) dated April 21, 2022. ECF No. 21. Judge Pollak recommends that Plaintiff’s motion for fees under the Equal Access to Justice Act (EAJA), Pub. L. No. 96- 481, 94 Stat. 2321 (1980) (codified as amended in scattered sections of 5, 15, 28, and 42 U.S.C.), be granted and that Plaintiff’s counsel’s requested fee of $6,440 be approved. Neither party has filed objections, and the time to do so has expired. See Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 addition; accord State Farm Mut. Auto. Ins. Co. v. Grafman, 968 F. Supp. 2d 480, 481 (E.D.N.Y. 2013). Having reviewed the record, I find no clear error and therefore adopt the R&R in its entirety. Thus, Plaintiff is awarded $6,440.00 in reasonable attorney’s fees under 28 U.S.C. § 2412(a), (d) and 5 U.S.C. § 504. SO ORDERED.

/s/ Eric Komitee__________ ERIC KOMITEE United States District Judge

Dated: June 13, 2022 Brooklyn, New York

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------x

NURIS M. RODRIGUEZ,

Plaintiff, MEMORANDUM & ORDER 20-CV-5284(EK)(CLP) -against-

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

------------------------------------x ERIC KOMITEE, United States District Judge: The Court has received Magistrate Judge Pollak’s Report and Recommendation (R&R) dated April 21, 2022. ECF No. 21. Judge Pollak recommends that Plaintiff’s motion for fees under the Equal Access to Justice Act (EAJA), Pub. L. No. 96- 481, 94 Stat. 2321 (1980) (codified as amended in scattered sections of 5, 15, 28, and 42 U.S.C.), be granted and that Plaintiff’s counsel’s requested fee of $6,440 be approved. Neither party has filed objections, and the time to do so has expired. See Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 addition; accord State Farm Mut. Auto. Ins. Co. v. Grafman, 968 F. Supp. 2d 480, 481 (E.D.N.Y. 2013). Having reviewed the record, I find no clear error and therefore adopt the R&R in its entirety. Thus, Plaintiff is awarded $6,440.00 in reasonable attorney’s fees under 28 U.S.C. § 2412(a), (d) and 5 U.S.C. § 504. SO ORDERED.

/s/ Eric Komitee__________ ERIC KOMITEE United States District Judge

Dated: June 13, 2022 Brooklyn, New York

Rodriguez v. Commissioner of Social Security, (E.D.N.Y. 2022).

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