Case Name in Social Security Case - Unavailable

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
MARK PARSONS
v.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION
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CIVIL ACTION NO. 1:23-CV-324-MJT
ORDER ADOPTING REPORT AND RECOMMENDATION AND
GRANTING APPLICATION FOR ATTORNEY’S FEES
Before the Court is a report and recommendation of the United States magistrate
judge regarding the Plaintiff’s Motion for 406(b) Attorney’s Fees. The parties have not filed
objections to the report. Having conducted an independent review, the court concludes that the
report of the magistrate judge should be ADOPTED and the motion should be GRANTED. It is
therefore
ORDERED that the Plaintiff’s Motion for Attorney’s Fees Pursuant to 42 U.S.C. §
406(b) [Dkt. 39] is GRANTED. It is further
ORDERED that Counsel George Piemonte is awarded attorney fees under 42 U.S.C. §
406(b) in the amount of $5,921.00. Upon receipt of that payment, Mr. Piemonte is ORDERED
to refund EAJA fees in the amount of $4,883.78 directly to the claimant. See 28 U.S.C. § 2412
note, Act of Aug. 5, 1985, Pub. L. No. 99–80, § 3, 99 Stat. 183, 186; Gisbrecht v. Barnhart, 535
U.S. 789, 796 (2002) (requiring attorneys to refund to the claimant the amount of the smaller
fee).
____________________________
Michael J. Truncale
United States District Judge
SIGNED this 5th day of March, 2026.
Case 1:23-cv-00324-MJT-CLS Document 40 Filed 03/05/26 Page 1 of 1 PageID #:
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