Selman v. Commissioner of Social Security Administration

Filing 25

Memorandum of Opinion and Order The Motion for Attorney's Fees Pursuant to 42 U.S.C. § 406(b)(1) of Marcia W. Margolius, counsel for Plaintiff (ECF No. 23 ) is granted. The Court hereby authorizes payment of a fee in the amount of $5,757.50. These fees are for court time only and are in addition to any other administrative fees that the Commissioner may grant under 42 U.S.C. § 406(a). The Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, fees in the amount of $3,300.00 shall be refunded by Plaintiff's Counsel to Plaintiff forthwith. Judge Benita Y. Pearson on 5/9/2016. (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

DEBORAH SELMAN,
Plaintiff,
v.
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

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CASE NO. 1:13CV2556

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION
AND ORDER
[Resolving ECF No. 23]

Pending is the Motion for Attorney’s Fees Pursuant to 42 U.S.C. § 406(b)(1) of Marcia
W. Margolius, counsel for Plaintiff (ECF No. 23). Counsel moves the Court for an order
authorizing payment of a fee in the amount of $5,757.50. The Court has reviewed the
memorandum in support and attachments thereto, and the Commissioner’s Response (ECF No.
24) which states that the Commissioner does not object to the motion.
The Motion for Attorney’s Fees Pursuant to 42 U.S.C. § 406(b)(1) of Marcia W.
Margolius, counsel for Plaintiff (ECF No. 23) is granted. The Court hereby authorizes payment
of a fee in the amount of $5,757.50. These fees are for court time only and are in addition to any
other administrative fees that the Commissioner may grant under 42 U.S.C. § 406(a). The Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, fees in the amount of $3,300.00 shall be
refunded by Plaintiff’s Counsel to Plaintiff forthwith. Gisbrecht v. Barnhart, 535 U.S. 789, 796

(1:13CV2556)
(2002) (if an attorney is awarded fees pursuant to both statutes, that attorney must “refun[d] to
the claimant the amount of the smaller fee”).1

IT IS SO ORDERED.

May 9, 2016
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

1

Plaintiff has submitted two requests for attorney’s fees. See ECF Nos. 20 and
24. Plaintiff’s counsel is entitled to attorney’s fees both pursuant to the EAJA and
42 U.S.C. § 406(b). Jankovich v. Bowen, 868 F.2d 867, 871 n. 1 (6th Cir. 1989). The
Court previously awarded EAJA fees to Plaintiff’s Counsel. See ECF No. 22.
2