govinfo:USCOURTS-gand-1_25-cv-00002-1

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
BRAEDEN F.,  : 
: 
 
 : 
: 
 
Plaintiff, :  
 :  
v. : CIVIL ACTION NO. 
 : 1:25-cv-00002-LMM 
COMMISSIONER, SOCIAL 
SECURITY ADMINISTRATION,   
 
 
: 
: 
: 
: 
 
 
 :  
Defendant.  : 
 
 
 
 
ORDER 
This matter is before the Court on the Magistrate Judge’s Report and 
Recommendation, Dkt. No. [13]. No objections have been filed in response to the 
Magistrate Judge’s Report and Recommendation. Therefore, pursuant to 
28 U.S.C. § 636(b)(1) and Rule 72 of the Federal Rules of Civil Procedure, the 
Court has reviewed the Magistrate Judge’s Report and Recommendation for clear 
error. It finds none.  
Accordingly, the Court ADOPTS the Magistrate Judge’s Report and 
Recommendation, Dkt. No. [13], as its opinion: the decision of the Commissioner 
is REVERSED and REMANDED for further proceedings, pursuant to 
Case 1:25-cv-00002-LMM     Document 15     Filed 04/27/26     Page 1 of 2
2 
sentence four of 42 U.S.C. § 405(g). The Clerk is DIRECTED to enter judgment 
in Plaintiff’s favor and CLOSE the case.  
In the event that benefits are awarded to Plaintiff upon remand, Plaintiff’s 
attorney is permitted to file a motion for approval of attorney’s fees under 
42 U.S.C. §§ 406(b) and 1383(d). The motion shall be filed no later than thirty 
days after the date of the Social Security letter sent to Plaintiff’s counsel of 
record at the conclusion of the Agency’s past-due benefit calculation stating the 
amount withheld for attorney’s fees. The Commissioner’s response, if any, shall 
be filed no later than thirty days after Plaintiff’s attorney serves the motion on 
the Commissioner. Plaintiff shall file any reply within ten days of service of the 
Commissioner’s response. 
IT IS SO ORDERED this 27th day of April, 2026. 
_____________________________ 
Leigh Martin May  
Chief United States District Judge 
Case 1:25-cv-00002-LMM     Document 15     Filed 04/27/26     Page 2 of 2

Passage view · GavelSight