WESTPHAL v. BERRYHILL

No. 3:15-cv-01904-AC.

CANDY WESTPHAL, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner, Social Security Administration, Defendant.

United States District Court, D. Oregon.

Editors Note
Applicable Law: 42 U.S.C. § 0405g
Cause: 42 U.S.C. § 0405g Review of Commissioner's Final Decision
Nature of Suit: 864 Social Security: SSID Tit. XVI
Source: PACER


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.


ORDER

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.

CONCLUSION

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.

FootNotes


1. On January 23, 2017, Nancy A. Berryhill was appointed Acting Conunissioner of Social Security and pursuant to Federal Rule of Civil Procedure 25(d) is substituted as Defendant in this action.
2. In her Petition Plaintiff requests attorneys' fees pursuant to§ 406(b) in the amount of $14,480.00, but she notes counsel has received fees pursuant to EAJA in the amount of $5,774.40. Plaintiff, therefore, stipulates to an award of $8,705.60, which is $14,480.00 in § 406(b) fees less the $5,774.40 in EAJA fees previously received.

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