December 5, 2013
CYNTHIA L. ALLEN, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING REPORT & RECOMMENDATION
LORETTA A. PRESKA, Chief District Judge.
Plaintiff filed this pro se action to challenge the Social Security Commissioner's (the "Commissioner") decision to deny her request for disability benefits [dkt. no. 2]. On March 30, 2010, plaintiff's attorney, Lisa George ("Ms. George" or "counsel"), filed a notice of appearance on plaintiff's behalf [dkt. no. 5]. This case was subsequently remanded to the Commissioner [dkt. nos. 9 & 10], who found that plaintiff was disabled within the meaning of the Social Security Act [Affirm. Of Ms. George, dated Mar. 16, 2011]. On March 16, 2011, counsel filed a motion to recover attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(b); 42 U.S.C. § 406(a) ("Subsection (a)"); and 42 U.S.C. § 406(b) ("Subsection (b)")[dkt. no. 12].
On April 30, 2012, Magistrate Judge Frank Maas issued a Report and Recommendation (the "Report") [dkt. no. 18] that 1) counsel is not entitled to legal fees under the EAJA because she failed to file a timely application, 2) the Court lacks jurisdiction to award legal fees under Subsection (a), and 3) counsel is entitled to legal fees in the amount of $2, 141 under Subsection (b). Having reviewed counsel's objections and finding Judge Maas' decision to be correct and appropriate upon de novo review, see Fed.R.Civ.P. 72(b), the Report is hereby ADOPTED.