Labrador v. Saul Case remanded for further action by the Commissioner.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DENNISE LABRADOR,
Plaintiff,
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v. 	CIVIL ACTION NO. 4:24-cv-4891
FRANK BISIGNANO,
COMMISSIONER OF THE
SOCIAL SECURITY
ADMINISTRATION,
Defendant.
MEMORANDUM AND RECOMMENDATION
Pending before the Court1 is Plaintiff’s Motion for Attorney Fees Under
the Equal Access to Justice Act (ECF No. 19).
On 	July 	1, 	2025, 	this 	Court 	recommended 	Defendant’s 	Unopposed
Motion to Remand (ECF No. 14) be granted and recommended this case be
remanded for further administrative proceedings pursuant to sentence four of
42 U.S.C. § 405(g). (ECF No. 15).
On July 16, 2025, District Judge Alfred H. Bennett adopted this Court’s
Memorandum and Recommendation. (ECF No. 16).
1 On December 13, 2024, this case was referred to the Undersigned for all purposes
pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Federal Rule of Civil Procedure 72. (ECF
No. 3).
United States District Court
Southern District of Texas
ENTERED
November 13, 2025
Nathan Ochsner, Clerk
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2
On October 14, 2025, Plaintiff filed the instant motion seeking recovery
for 28.60 hours of attorney services performed in 2021, 2024 and 2025. 	(ECF
No. 19 at 6). 	Plaintiff’s attorneys performed 2.00 hours of work in 2021 and
26.60 hours in 2024 and 2025. (Id.). In 2021, the hourly rate was $209.33 and
for 2024 to 2025, the hourly rate was $240.19. (Id.). As such, Plaintiff requests
a fee in the amount of $6,807.71, payable to Plaintiff, but mailed to her
attorney. (Id.).
On October 24, 2025, Defendant filed a response to Plaintiff’s motion
stating he does not oppose the motion. (ECF No. 20).
This Court has 	independently determined the hourly 	rate and 	the
number of hours sought by Plaintiff are reasonable. 	See Alexander v. Saul,
3:19-cv-0511, 2020 WL 7327984, at *2 (N.D. Tex. Nov. 12, 2020) (collecting
cases that found attorney hours were reasonable given the plaintiff’s success
and all the work performed).
Accordingly, this Court RECOMMENDS Plaintiff’s Motion for Attorney
Fees Under the Equal Access to Justice Act (ECF No. 19) be GRANTED,
Plaintiff be awarded $6,807.71 in attorney’s fees, and the aforementioned
award shall be payable to Plaintiff and mailed to Plaintiff’s counsel, subject to
any administrative offset due to Plaintiff’s outstanding federal debt, if any
existing. See Jackson v. Astrue, 705 F.3d 527, 531 n.11 (5th Cir. 2013).
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3
The Clerk shall send copies of this Memorandum and Recommendation
to the respective parties who have fourteen days from the receipt thereof to file
written objections thereto pursuant to Federal Rule of Civil Procedure 72(b)
and General Order 2002-13. Failure to file written objections within the time
period mentioned shall bar an aggrieved party from attacking the factual
findings and legal conclusions on appeal.
SIGNED in Houston, Texas on November 13, 2025.
______________________________
Richard W. Bennett
United States Magistrate Judge
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