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Date: 07-05-2022
Case Style:
Case Number: 3:20-cv-00682
Judge: Alistair E. Newbern
Court: United States District Court for the Middle District of Tennessee (Davidson County)
Plaintiff's Attorney:
Defendant's Attorney: Bert Coleman
Description: Nashville, Tennessee social security disability lawyer represented Plaintiff seeking review of the denial of applicant's application for benefits by HHS.
James C. Wyrich initiated this action on August 7, 2020, seeking review of an administrative law judge's decision to deny him Supplemental Security Income (SSI) benefits. Wyrich filed a timely motion for judgment on the administrative record on April 2, 2021, arguing that the administrative law judge's decision was not supported by substantial evidence and that remand for further proceedings was required. The SSA opposed Wyrich's motion. On February 22, 2022, the Magistrate Judge issued a report and recommendation recommending that Wyrich's motion be granted, to which no party objected. The District Judge adopted the report and recommendation on March 17, 2022, vacated the administrative law judge's decision, and remanded the case for further administrative proceedings. Final judgment was entered on the same date. (Doc. No. 28.)
Wyrich moved for attorney's fees and expenses on June 9, 2022. The Social Security Administration filed a response stating that it did not oppose Wyrich's motion. The matter is now ripe for decision and has been referred to the Magistrate Judge for report and recommendation pursuant to Federal Rule of Civil Procedure 72 and 28 U.S.C. § 636(b)(1).
Outcome: The Magistrate Judge RECOMMENDS that Wyrich's motion for attorney's fees requesting payment for attorney and paralegal time in the amount of $6,602.43 and expenses in the amount of $17.25 GRANTED and that the award be payable by the Social Security Administration subject to offset to satisfy any pre-existing debt that Wyrich owes to the United States.
Any party has fourteen days after being served with this Report and Recommendation to file specific written objections. Failure to file specific objections within fourteen days of receipt of this report and recommendation can constitute a waiver of appeal of the matters decided. Thomas v. Arn, 474 U.S. 140, 155 (1985); Cowherd v. Million, 380 F.3d 909, 912 (6th Cir. 2004).
A party who opposes any objections that are filed may file a response within fourteen days after being served with the objections. Fed.R.Civ.P. 72(b)(2).
Plaintiff's Experts:
Defendant's Experts:
Comments: