Argabright v. Commissioner of Social Security

Filing 24

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATION (DOC. 23 ) IN ITS ENTIRETY; SUSTAINING PLAINTIFF'S UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. 406(b) (DOC. 18 ); AWARDING PLAINTIFF 10,189.25 IN ATTORNEY FEES; GRANTING JOI NT STIPULATION FOR EAJA FEES AND COSTS (DOC. #22); AWARDING PLAINTIFF 3,500 IN EAJA FEES AND COSTS, AND ORDERING PLAINTIFF'S COUNSEL TO PAYTHIS SUM TO HER CLIENT; OVERRULING AS MOOT PLAINTIFF'S INITIAL MOTION FOR ATTORNEY FEES PURSUANT TO THE EAJA, 28 U.S.C. 2412(d) ( (DOC. 19 ). Signed by Judge Walter H Rice on 3/8/2013. (sc1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
TRAVIS R. ARGABRIGHT,
Plaintiff,
Case No. 3: 11-cv-244

v.
COMMISSIONER OF SOCIAL
SECURITY,

JUDGE WALTER H. RICE

Defendant.

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATION
(DOC. #23) IN ITS ENTIRETY; SUSTAINING PLAINTIFF'S
UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b) (DOC. #18); AWARDING PLAINTIFF $10,189.25 IN
ATTORNEY FEES; GRANTING JOINT STIPULATION FOR EAJA FEES
AND COSTS (DOC. #22); AWARDING PLAINTIFF $3,500 IN EAJA
FEES AND COSTS, AND ORDERING PLAINTIFF'S COUNSEL TO PAY
THIS SUM TO HER CLIENT; OVERRULING AS MOOT PLAINTIFF'S
INITIAL MOTION FOR ATTORNEY FEES PURSUANT TO THE EAJA,
28 U.S.C. § 2412(d) (DOC. #19)

The Court has reviewed the January 11, 2013, Report and Recommendation
of United States Magistrate Judge Michael J. Newman (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)(2) has expired, hereby ADOPTS said Report and Recommendation in
its entirety.

Accordingly, the Court SUSTAINS Plaintiff's unopposed motion for attorney
fees under 42 U.S.C. § 406(b) (Doc. #18), and AWARDS Plaintiff's counsel
$10,189.25 in attorney fees.
The Court also GRANTS the joint stipulation to award fees and costs under
the Equal Access to Justice Act ("EAJA") (Doc. #22), AWARDS Plaintiff $3,500 in
EAJA fees and costs, ORDERS Plaintiff's counsel to pay this lesser sum to her
client, and OVERRULES AS MOOT Plaintiff's initial motion for EAJA attorney fees
and costs (Doc. #19). This case remains TERMINATED upon the Court's docket.

Date: March 8, 2013
WALTER H. RICE
UNITED STATES DISTRICT JUDGE

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