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govinfo:USCOURTS-txed-4_25-cv-01313-2
1
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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