United States District Court, E.D. Tennessee, Chattanooga Division
August 29, 2014
SAMUEL D. CASTEEL, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY Defendant.
CURTIS L. COLLIER, District Judge.
Before the Court is Plaintiff Samuel D. Casteel's ("Plaintiff") motion for attorney's fees under 42 U.S.C. § 406(b) (Court File No. 25), to which the Social Security Commissioner ("Defendant") responded and did not object (Court File No. 26). On August 7, 2014, United States Magistrate Judge William B. Mitchell Carter filed a report and recommendation ("R&R") in this case, pursuant to 28 U.S.C. § 636(b) and Fed.R.Civ.P. 72(b) (Court File No. 28), in which he recommended Plaintiff's motion for attorney's fees be granted and Plaintiff be awarded a fee in the sum of $15, 036.09 subject to reimbursement to the plaintiff of the previous Equal Access to Justice Act, 28 U.S.C. §2412(d), attorney's fee award of $5, 409.60. Neither party has objected to the R&R within the given 14 days.
After reviewing the record, this Court agrees with, and hereby ACCEPTS and ADOPTS, the R&R (Court File No. 28). Accordingly, the Court GRANTS Plaintiff's motion for attorney's fees (Court File No. 25) and AWARDS Plaintiff $15, 036.09 in attorney's fees subject to reimbursement to the plaintiff of the previous Equal Access to Justice Act attorney's fee award of $5, 409.60.