Attorney(s) appearing for the Case
Candy Westphal, Plaintiff, represented by George J. Wall , Law Offices of George J. Wall.
Commissioner Social Security Administration, Defendant, represented by Janice E. Hebert , U.S. Attorney's Office & Sarah Elizabeth Moum , Social Security Administration.
ANNA J. BROWN, Senior District Judge.
Magistrate Judge John V. Acosta issued Findings and Reconunendation (#29) on July 14, 2017, in which he reconunends this Court grant Plaintiff's Petition (#25) for Attorney Fees of $14,480.00 pursuant to 42 U.S.C. 406(b) and, in light of previously awarded fees of $5,774.40 under the Equal Access to Justice Act (EAJA), award Plaintiff attorneys' fees in the amount of $8,705.60 "from [Plaintiff's] retroactive benefits."2 The matter is now before this Court pursuant to 28 U.S.C. § 636 (b) (1) (B) and Federal Rule of Civil Procedure 72 (b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. See Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en bane). Having reviewed the legal principles de nova, the Court does not find any error.
The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (#29). Accordingly, the Court GRANTS Plaintiff's Petition (#25) for Attorney Fees Per 42 U.S.C. 406(b) and AWARDS Plaintiff attorneys' fees in the amount of $8,705.60.
IT IS SO ORDERED.