United States District Court, D. Oregon
February 4, 2014
DAVID W. SHADDON, Plaintiff,
COMMISSIONER SOCIAL SECURITY ADMINISTRATION, Defendant.
MARCO A. HERNANDEZ, District Judge.
Magistrate Judge Stewart issued a Findings and Recommendation (#30) on January 17, 2014, in which she recommends that the Court grant Plaintiff's Unopposed Motion for Attorney Fees pursuant to 42 USC § 406(b) (#27). The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, I am relieved of my obligation to review the record de novo. United States v. Reyna-Tapia , 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt , 840 F.2d 1441, 1444 (9th Cir. 1988) ( de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, I find no error.
The Court adopts Magistrate Judge Stewart's Findings and Recommendation . Accordingly, Plaintiff's Unopposed Motion for Attorney Fees pursuant to 42 USC § 406(b)  is granted. Plaintiff's counsel is awarded $17, 019.00 in attorney fees, which is 25% of the benefits awarded ($19, 948.50) minus the Equal Access to Justice Act (EAJA) fees previously awarded and paid to plaintiffs counsel ($2, 929.48). When issuing the section 406(b) check for payment to Plaintiff's attorney, the Commissioner is directed to subtract any applicable processing fee as allowed by statute.
IT IS SO ORDERED.