Clark v. Commissioner of Social Security

Filing 24

ORDER by Judge Susan J. Dlott granting in part 22 Motion for Attorney Fees; adopting Report and Recommendation; plaintiff's counsel is awarded a fee in the amount of $4,500 which is equivalent to a reasonable hypothetical hourly rate of $360.00 per hour for the 12.5 hours expended in this Court. (vp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Kiena Clark,

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Plaintiff(s),
vs.
Commissioner of Social Security,
Defendant(s).

Case Number: 1:14cv330
Judge Susan J. Dlott

ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate
Judge Stephanie K. Bowman filed on May 1, 2017 (Doc. 23), 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 May 15, 2017, hereby
ADOPTS said Report and Recommendation.
Accordingly, plaintiff’s motion for an award of attorney fees under 42 U.S.C. §406(b)
(Doc. 22) is GRANTED only in part.
Plaintiff’s counsel is awarded a fee in the amount of $4,500.00, which is equivalent to a
reasonable hypothetical hourly rate of $360.00 per hour for the 12.5 hours expended in this
Court.
Plaintiff’s counsel is forewarned that any future untimely filing of a §406(b) motion, in
violation of LR 54.2(b) will result in the denial of any statutory fee.

Counsel is required to explicity 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