Wert v. Commissioner of Social Security

Filing 46

ORDER adopting Report and Recommendation re 45 Report and Recommendation granting 40 Motion for Attorney Fees. Signed by Judge Michael R. Barrett on 11/12/20. (ba)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Heather A. Wert,
Plaintiff,
v.

Case No. 1:17cv477

Commissioner of Social Security,

Judge Michael R. Barrett

Defendant.
ORDER
This matter is before the Court on the Report and Recommendation (“R&R”) filed by the
Magistrate Judge on October 26, 2020 (Doc. 45).
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 R&R in a
timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the
Magistrate Judge=s R&R (Doc. 45) have been filed.
Accordingly, it is ORDERED that the R&R (Doc. 45) of the Magistrate Judge is hereby
ADOPTED. Consistent with the recommendation by the Magistrate Judge, plaintiff’s Motion
for Attorney Fees (Doc. 40) under the Social Security Act, 42 U.S.C. § 406(b), is GRANTED
and counsel is AWARDED attorney fees in the amount of $10,536.57. 1
IT IS SO ORDERED.
/s/ Michael R. Barrett
Michael R. Barrett, Judge
United States District Court

1

As noted by the Magistrate Judge, counsel has acknowledged that any award of fees under § 406(b)
must be offset by the previous award of Equal Access to Justice Act (“EAJA”) fees (see Doc. 31) in the
amount of $2,422.50. Thus, if paid to counsel, the $2,422.50 EAJA fee must be refunded to plaintiff.

1