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govinfo:USCOURTS-txed-4_25-cv-01313-2

U.S. District Court for the Eastern District of Texas · 2026-09-30

· GavelSight synced 2026-11-10 16:05:51

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IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF TEXAS 
SHERMAN DIVISION 
 
MELISSA LOW, 
 
  Plaintiff, 
 
v.  
 
COMMISSIONER OF SOCIAL 
SECURITY,  
 
  Defendant. 
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CIVIL ACTION NO.  4:25-CV-1313-MJT 
 
 
 
 
ORDER ADOPTING REPORT AND RECOMMENDATION AND 
GRANTING APPLICATION FOR ATTORNEY’S FEES 
  
 Before the Court is the Plaintiff’s Application for Attorney Fees under the Equal Access to 
Justice Act, 28 U.S.C.  § 2412.  [Dkt. 19.]  The Commissioner is unopposed and did not file a 
response.  Judge Stetson recommended that the Court grant the Plaintiff’s application, and neither 
party filed objections to her Report and Recommendation.  It is therefore 
 ORDERED that the Report and Recommendation Regarding Attorney Fees is ADOPTED.  
It is further  
 ORDERED that the Plaintiff’s application for attorney’s fees [dkt. 19] is GRANTED and 
the Commissioner of Social Security shall pay Melissa Low, in care of her attorney, George C. 
Piemonte, attorney fees in the amount of $6,673.66 pursuant to the Equal Access to Justice Act.  
This amount includes fees and compensation for 2 5.2 hours of service at $125.00 per hour, plus 
an adjustment for increased costs of living consistent with the Consumer Price Index for the 
relevant time periods.  The court directs that the award be mailed to : Melissa Low, in care of her 
attorney, George C Piemonte, The Piemonte Law Firm, PO Box 669468, Charlotte, NC 28266.  
 
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It is furthe r ORDERED that this award is subject to any beneficial, contractual and/or 
assignment-based interests held by the Plaintiff’s attorney.   If successful at the administrative 
level, the Plaintiff is granted an extension of sixty days from receipt of the Notice of Award from 
the Social Security Administration to file a motion for attorney’s fees under 42 U.S.C.  § 406(b). 
   
 
       
 
____________________________ 
Michael J. Truncale
United States District Judge
SIGNED this 30th day of September, 2026.
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