Griffith v. Commissioner of SSA

Filing 25

REPORT AND RECOMMENDATIONS that 24 MOTION for Allowance of Attorney Fees filed by Plaintiff's counsel be granted; the Commissioner be directed to pay Plaintiff's attorney fees in the amount of $13,000.00; Plaintiff's counsel be directed to reimburse Plaintiff the amount of previously awarded EAJA fees, totaling $3,000.00; and the case remain terminated on the docket of this Court. Objections to R&R due by 1/5/2015. Signed by Chief Magistrate Judge Sharon L. Ovington on 12/17/14. (mcm1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
BILLY GRIFFITH,

:

Plaintiff,

:
Case No. 3:09cv00213

vs.

:

CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,
Defendant.

:

District Judge Walter Herbert Rice
Chief Magistrate Judge Sharon L. Ovington

:
:

REPORT AND RECOMMENDATIONS1

This case is before the Court upon the Motion For Allowance Of Attorney Fees filed
by Plaintiff’s counsel (Doc. #24) and the record as a whole. The Motion seeks an award of
attorney fees under 42 U.S.C. §406(b)(1) in the total amount of $13,000.00. The
Commissioner does not object to the reasonableness of the Motion. (Doc. #24, PageID at
133). In the absence of opposition by the Commissioner, the Motion, Memorandum, and
supporting Exhibits establish that an award to Plaintiff’s counsel of $13,000.00 in attorney
fees is warranted under 42 U.S.C. §406(b)(1).
The $13,000.00 award of attorney fees under §406(B)(1) is subject to offset by the

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Attached hereto is a NOTICE to the parties regarding objections to this Report and
Recommendations.

amount of Equal Access to Justice Act (EAJA) fees previously awarded to Plaintiff’s
counsel. See Jankovich v. Bowen, 868 F.2d 867, 871 n.1 (6th Cir. 1989). Plaintiff’s counsel
has been previously awarded a total of $3,000.00 in fees under the EAJA.
Accordingly, the Court hereby RECOMMENDS that:
1.

Plaintiff’s Attorney’s Motion For An Award Of Attorney Fees Under 42
U.S.C. §406(b) (Doc. #24) be GRANTED;

2.

The Commissioner be directed to pay Plaintiff’s attorney fees pursuant to 42
U.S.C. §406(b)(1) in the amount of $13,000.00;

3.

Plaintiff’s counsel be directed to reimburse Plaintiff the amount of previously
awarded EAJA fees, totaling $3,000.00; and

4.

The case remain terminated on the docket of this Court.

December 17, 2014
s/Sharon L. Ovington
Sharon L. Ovington
Chief United States Magistrate Judge

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NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written
objections to the proposed findings and recommendations within FOURTEEN days after
being served with this Report and Recommendations. Pursuant to Fed. R. Civ. P. 6(d), this
period is extended to SEVENTEEN days because this Report is being served by one of the
methods of service listed in Fed. R. Civ. P. 5(b)(2)(C), (D), (E), or (F). Such objections shall
specify the portions of the Report objected to and shall be accompanied by a memorandum
of law in support of the objections. If the Report and Recommendation is based in whole or
in part upon matters occurring of record at an oral hearing, the objecting party shall promptly
arrange for the transcription of the record, or such portions of it as all parties may agree
upon or the Magistrate Judge deems sufficient, unless the assigned District Judge otherwise
directs. A party may respond to another party’s objections within FOURTEEN days after
being served with a copy thereof.
Failure to make objections in accordance with this procedure may forfeit rights on
appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947,
949-50 (6th Cir. 1981).

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