Sutton v. Commissioner of Social Security

Filing 18

ORDER adopting 17 Report and Recommendation granting in part 15 Motion for Attorney Fees. Signed by Judge Michael R. Barrett on 5/31/12. (ba1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Jeffrey Sutton,
Plaintiff,
v.

Case No. 1:10cv937

Michael J. Astrue, Commissioner
Social Security,

Judge Michael R. Barrett

Defendant.
ORDER
This matter is before the Court on the Report and Recommendation filed by the
Magistrate Judge on May 7, 2012 (Doc. 17).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including
notice that the parties would waive further appeal if they failed to file objections to the Report
and Recommendation in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir.
1981). No objections to the Magistrate Judge’s Report and Recommendation have been
filed.
Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate
Judge is hereby ADOPTED. Plaintiff’s Motion for Attorney’s Fees under the EAJA (Doc. 15)
is GRANTED IN PART consistent with the opinion by the Magistrate Judge. Subject to any
offset permitted by Astrue v. Ratliff, 560 U.S. ___, 130 S.Ct. 2521 (2010), the Commissioner
shall pay directly to the Plaintiff a fee award of $3,562.50 unless both parties confirm Plaintiff
did not contractually assign any fee award to his attorney and that the Plaintiff owes no debt
to the Government. Otherwise, in accordance with any assignment agreement, any fee
award shall be paid to Plaintiff’s counsel.
IT IS SO ORDERED.
S/Michael R. Barrett
Michael R. Barrett
United States District Judge