SPARKS, JR.
v.
COMMISSIONER OF SOCIAL SECURITY

S.D. Fla. | 2024-12-17
No. 21-60149-CIV
District Court, S.D. Florida (2024)

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Synopsis

Plaintiff Sparks, Jr. sought attorney fees under 42 U.S.C. § 406(b)(1) following a Social Security appeal. The district court adopted the magistrate judge's recommendation and granted the motion for attorney fees in the amount of $5,697.96 under the Equal Access to Justice Act (EAJA).


Holding

Plaintiff is entitled to attorney fees under the EAJA in the amount of $5,697.96. The magistrate judge's Report and Recommendation was adopted and approved in full.


Key Quotes

“Accordingly Magistrate Judge's findings in the Report [DE 31] are hereby adopted and deemed incorporated into this opinion.”

Establishes the court's adoption of the magistrate judge's recommendations regarding the attorney fee award

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Facts & Procedural History

Sparks, Jr. brought an action against the Commissioner of Social Security. Following proceedings, Plaintiff filed a motion for attorney fees and costs…

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Opinion of the Court

THIS CAUSE 1s before the Court on Plaintiff's Motion for Attorney Fees 42 U.S.C. § 406(B)(1) and Memorandum of Law in Support [DE 28] and the October 25, 2024 Report and Recommendation of Magistrate Judge Patrick M. Hunt [DE 31] (the “Report”). The Court notes that Defendant filed a Response to the Report and Recommendation indicating that Defendant has no objection to the Report. See [DE 33].

Accordingly Magistrate Judge’s findings in the Report [DE 31] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F. 2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993).

Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. The Report [DE 31] is hereby ADOPTED and APPROVED.

2. Plaintiff's Motion for Attorney Fees and Costs [DE 28] is hereby GRANTED as follows: Plaintiff should be awarded fees under the EAJA in the amount of $5,697.96. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 17th day of December 2024. fag , fi fff gy

Copies furnished to: Counsel of record Magistrate Judge Hunt


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