Ellis v. Social Security

Filing 27

ORDER granting 23 Motion for Attorney Fees. Signed by District Judge John Corbett O'Meara. (WBar)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRIAN JEFFREY ELLIS, Plaintiff, Case No. 15-13985 v. Honorable John Corbett O’Meara COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEY FEES This matter came before the court on plaintiff Brian Jeffrey Ellis’ March 21, 2018 motion for attorney fees. Defendant filed a response April 4, 2018; and Plaintiff filed a reply brief April 6, 2018. Pursuant to Local Rule 7.1(f)(2), no oral argument was heard. Following an award of disability benefits, Plaintiff Ellis seeks an award of attorney fees in the amount of $21,442.50 to be paid directly to his legal counsel Robert K. Gaecke, Jr. In the response brief, Commissioner points out that Plaintiff’s counsel was previously paid $6,000 of the requested amount, leaving $15,442.50 remaining at issue. Plaintiff, in his reply brief, agrees. Plaintiff’s counsel also concedes that he cannot collect both a fee pursuant to 42 U.S.C. § 406(b) and the $6,373.39 in attorney fees and costs that were awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412. The latter amount is to be refunded to plaintiff Ellis. ORDER It is hereby ORDERED that Plaintiff’s motion for attorney fees is GRANTED in the amount of $15,442.50, payable to Plaintiff’s counsel. s/John Corbett O'Meara United States District Judge Date: May 8, 2018 I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, May 8, 2018, using the ECF system. s/William Barkholz Case Manager 2

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