Higdon v. Commissioner of Social Security

Filing 25

ORDER by Judge Susan J. Dlott granting in part 20 Motion for Attorney Fees; adopting Report and Recommendations re 24 Report and Recommendations. (vp)

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

:
:
:
:
:
:
:
:
:

Case Number: 1:15cv458
Judge Susan J. Dlott

ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge
Karen L. Litkovitz filed on April 25, 2017(Doc. 24), 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 9, 2017, hereby ADOPTS said Report and
Recommendation.
Accordingly, plaintiff’s counsel’s motion for attorney fees (Doc. 20) is GRANTED IN PART
and that counsel is AWARDED $4,807.50 in attorney’s fees under §406(b). Since counsel has already
received an EAJA award of $2,300.00 which otherwise would be remitted by counsel to plaintiff since
a greater fee under §406(b) is awarded for duplicate work in this Court, counsel is AWARDED a total
of $2,507.50 ($4,807.50 - $2,300.00) out of plaintiff’s award of past-due benefits. Such an award will
expedite the time in which plaintiff and her counsel will both receive the full awards due them, by
avoiding the need for counsel to remit the EAJA fee to her client.
IT IS SO ORDERED.

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