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Petrone v. Commissioner, Social Security Administration

United States District Court, D. Oregon, Medford Division

June 19, 2014

LOUIS PETRONE, Plaintiff,
v.
COMMISSIONER, Social Security Administration, Defendant.

ORDER

OWEN M. PANNER, District Judge.

Magistrate Judge Mark D. Clarke filed Findings and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b) (1) (B), Fed.R.Civ.P. 72(b). Although no objections have been filed, this court reviews legal principles de novo. See Lorin Corp. v. Goto & Co., Ltd. , 700 F.2d 1202, 1206 (8th Cir. 1983).

I agree with Magistrate Judge Clarke that plaintiff's attorney is entitled to the requested fees under 42 U.S.C. § 406(b). Accordingly, I ADOPT the Report and Recommendation of Magistrate Judge Clarke.

CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#30) is adopted. Plaintiff's unopposed motion for attorney's fees under 42 U.S.C. § 406(b) (#27) is granted. Counsel is awarded $3, 253.00 in fees under§ 406(b) and shall refund to plaintiff $1, 557.75 in EAJA fees previously awarded.

IT IS SO ORDERED.


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