Dawson v. Commissioner of Social Security

Filing 33

OPINION: IT IS ORDERED that Plaintiffs Counsel Charles E. Binders Motion for an Award of Attorney Fees under 42 U.S.C. § 406(b)(1)(d/e 30 ) is ALLOWED. (SEE WRITTEN OPINION.) Entered by Magistrate Judge Tom Schanzle-Haskins on 5/24/2018. (GL, ilcd)

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E-FILED Thursday, 24 May, 2018 09:19:27 AM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION CYNTHIA L. DAWSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) No. 11-cv-1430 OPINION TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE: This matter comes before the Court on Plaintiff’s counsel Charles E. Binder’s Motion for an Award of Attorney Fees under 42 U.S.C. § 406(b)(1) (d/e 30) (Motion). The Defendant Commissioner has no objection to the Motion. Commissioner’s Notice of No Opposition to Plaintiff’s Petition for Approval of Attorney’s Fees Pursuant to 42 U.S.C. § 406(B)(1) (d/e 32). Upon review of the Motion, the accompanying supporting documents, and the Memorandum of Law in Support of Plaintiff’s Petition for Attorney Fees Pursuant to 42 U.S.C. § 406(b)(1) (d/e 31), the Court finds that the Plaintiff’s counsel is entitled to the fees sought pursuant to § 406(b)(1). THEREFORE, IT IS ORDERED that Plaintiff’s Counsel Charles E. Binder’s Motion for an Award of Attorney Fees under 42 U.S.C. § 406(b)(1) Page 1 of 2 (d/e 30) is ALLOWED. The Court awards to Plaintiff’s Counsel Charles E. Binder attorney fees in the amount of $14,181.00, which represents twentyfive percent (25%) of the past due benefits. Upon receipt of this sum, the Court orders Plaintiff’s Counsel Charles E. Binder to remit directly to the Plaintiff Cynthia L. Dawson the previously awarded Equal Access to Justice Act fees of $7,300.00. ENTER: May 24, 2018 s/ Tom Schanzle-Haskins TOM SCHANZLE-HASKINS UNITED STATES MAGISTRATE JUDGE Page 2 of 2

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