Case Name in Social Security Case - Unavailable

1:23-cv-07378Nyed18 de fev. de 2026

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
------------------------------------x
ELAINA JUNO,
Plaintiff,
-against-
FRANK BISGNANO, COMMISSIONER OF
THE SOCIAL SECURITY ADMINISTRATION,1
Defendant.
------------------------------------x
MEMORANDUM & ORDER
23-CV-7378 (EK)(VMS)
ERIC KOMITEE, United States District Judge:
The Court has received Magistrate Judge Scanlon’s
Report and Recommendation (R&R) dated January 30, 2026. 	ECF No.
18. 	Judge Scanlon recommends that the Court grant plaintiff’s
motion for attorney’s fees, ECF No. 16, that plaintiff’s counsel
be awarded $31,164.00 in fees pursuant to 42 U.S.C. § 406(b),
and that counsel reimburse plaintiff $6,950.00 in fees received
under the Equal Access to Justice Act. 	Neither party has filed
objections and the time to do so has expired. 	Accordingly, the
Court reviews Judge Scanlon’s recommendation for clear error on
the face of the record. 	See Fed. R. Civ. P. 72(b) advisory
1 Frank Bisignano became the Commissioner of Social Security on May 7,
2025. 	Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure,
Bisignano is substituted for Kilolo Kijakazi, former Commissioner of Social
Security, as the defendant in this suit. 	See 42 U.S.C. § 405(g) (“Any action
instituted in accordance with this subsection shall survive notwithstanding
any change in the person occupying the office of Commissioner of Social
Security or any vacancy in such office.”).
Case 1:23-cv-07378-EK-VMS Document 20 Filed 02/18/26 Page 1 of 2 PageID #:
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2
committee’s note to 1983 addition; accord State Farm Mut. Auto.
Ins. Co. v. Grafman, 968 F. Supp. 2d 480, 481 (E.D.N.Y. 2013).
Having reviewed the record, I find no error and
therefore adopt the R&R in its entirety. 	Thus, the motion for
attorney’s fees is granted, and plaintiff’s counsel is awarded
$31,164.00 pursuant to 42 U.S.C. § 406(b). 	Counsel should
reimburse plaintiff any fees received under the Equal Access to
Justice Act.
SO ORDERED.
/s/ Eric Komitee
ERIC KOMITEE
United States District Judge
Dated: 	February 18, 2026
Brooklyn, New York
Case 1:23-cv-07378-EK-VMS Document 20 Filed 02/18/26 Page 2 of 2 PageID #:
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