Pyatt v. Commissioner of Social Security

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATION. AWARDING Plaintiffs attorney fees of $3,006.25. Signed by Judge Algenon L. Marbley on 5/29/2014. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
JUDY PYATT,

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Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

Case No. 2:09-CV-00475
JUDGE ALGENON L. MARBLEY
Magistrate Judge Preston Deavers

OPINION & ORDER
This matter is before the Court on the Report and Recommendation of the United
States Magistrate Judge (Doc. 34). On May 5, 2013, Plaintiff submitted her Motion for Attorney
Fees pursuant to 42 U.S.C. § 406(b)(1), in the amount of $5,162.50. (Doc. 32). Defendant does
not oppose the fee award, only the amount. Defendant maintains that Plaintiff’s attorney cannot
recover fees twice for the same work, and therefore argues that Plaintiff’s request should be
offset by the amount she has already recovered. (Doc. 31).
On April 8, 2014, the Magistrate Judge recommended that Plaintiff’s Motion be granted,
and that the Court award Plaintiff’s counsel $3,006.25 in fees. (Doc. 34 at 2). This reflects the
$5,162.50 requested by Plaintiff under the Social Security Act, 42 U.S.C. § 406(b), offset by the
$2,156.25 that Plaintiff’s counsel received on January 12, 2011, under the Equal Access to
Justice Act, 28 U.S.C. § 2412. (See Doc. 31).
The parties were specifically advised of their right to object to the Magistrate’s
recommendation. (Doc. 34); see also Pfahler v. Nat’l Latex Prod. Co., 517 F.3d 816, 829 (6th
Cir. 2007). No objections have been filed. The deadline for such objections elapsed on April 25,

2014. Accordingly, the Court hereby ADOPTS the Magistrate Judge’s Report and
Recommendation, and AWARDS Plaintiff’s attorney fees of $3,006.25.
IT IS SO ORDERED.

s/ Algenon L. Marbley
s
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: May 29, 2014

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