Iames v. Commissioner of Social Security

Filing 30

ORDER adopting 29 Report and Recommendations. Plaintiffs motion for an additional award of attorneys fees under 42 U.S.C. §406(b) (Doc. 26) is DENIED, with the remaining balance of the past-due benefits withheld by theAgency to be paid to the plaintiff. Signed by Judge Susan J. Dlott on 2/13/2017. (jlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Stacy Iames,
Plaintiff(s).
vs.
Commissioner of Social Security,
Defendant(s).

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Case Number: 1:12cv829
Judge Susan J. Dlott

ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge
Stephanie K. Bowman filed on January 25, 2017 (Doc. 29), to whom this case was referred pursuant to
28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing
such objections under Fed. R. Civ. P. 72(b) expired February 8, 2017, hereby ADOPTS said Report and
Recommendation.
Accordingly, plaintiff’s motion for an additional award of attorney’s fees under 42 U.S.C.
§406(b) (Doc. 26) is DENIED, with the remaining balance of the past-due benefits withheld by the
Agency to be paid to the plaintiff.
Plaintiff’s counsel is cautioned a third time in the strongest possible terms that §406(b) motions
filed outside the time specified in Local Rule 54.2(b) will be DENIED.
Counsel is required to explicitly address the issue of timeliness in any currently pending or
future §406(b) motions filed in this Court.
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Judge Susan J. Dlott
United States District Court