Lara v. Social Security DO NOT DOCKET. Case remanded pursuant to the fourth sentence of 42 USC 405 (g).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
FRANKIE LARA,
Plaintiff,
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v. 	CIVIL ACTION NO. 4:25-cv-4123
FRANK BISIGNANO,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
MEMORANDUM AND RECOMMENDATION
Pending before the Court1 is Plaintiff’s Unopposed Motion for Attorney
Fees. 	(ECF No. 21). 	On May 14, 2026, the District Judge granted an
unopposed motion to remand and remanded the case to Defendant pursuant to
the fourth sentence of 42 U.S.C. § 405(g). (ECF No. 20).
Plaintiff’s Unopposed Motion for Attorney Fees contains a certification
that Plaintiff’s counsel conferred with counsel for the Commissioner and there
is no objection to the Motion. 	(ECF No. 21 at 4). 	Plaintiff asserts that
attorney’s fees are justified because Plaintiff is the prevailing party, the
Commissioner requested the voluntary remand, and the Court granted the
agreed voluntary remand for all further proceedings. (Id. at 2). Plaintiff seeks
1 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. 7).
United States District Court
Southern District of Texas
ENTERED
June 26, 2026
Nathan Ochsner, Clerk
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recovery for 19.5 hours of attorney services at an hourly rate of $242, for a total
of $4,961.00. (Id. at 3; ECF No. 21-1 at 2).
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 high numbers of attorney hours were reasonable given the
plaintiff’s success and considering all the work performed).
Accordingly, this Court RECOMMENDS Plaintiff’s Unopposed Motion
for Attorney Fees (ECF No. 21) be GRANTED and Plaintiff be awarded
$4,961.00 in attorney’s fees.
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 June 26, 2026.
______________________________
Richard W. Bennett
United States Magistrate Judge
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