Spence v. Commissioner of Social Security

Filing 31

DECISION AND ORDER granting 30 Motion for Attorney Fees - The Motion By Plaintiff's Attorney For Fees Under The Social Security Act, 42 U.S.C. Section 406(b) 30 is GRANTED; and the Commissioner shall pay Plaintiff's attorney fees pursuant to 42 U.S.C. Section 406(b) in the amount of $21,150.00. Signed by Judge Thomas M. Rose on 8-13-2015. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
LORA L. SPENCE,

:

Plaintiff,

:
Case No. 3:11cv00341

vs.

:

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

:

District Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington

:

Defendant.

:

DECISION AND ENTRY

This case is before the Court upon the Motion By Plaintiff’s Attorney For Fees Under
The Social Security Act, 42 U.S.C. '406(b). (Doc. #30). The Commissioner has neither
responded to nor opposed the Motion, and the time for filing such opposition has expired.
See S.D. Ohio Civ. R. 7.2(a)(2).
The Motion seeks an award of attorney fees under 42 U.S.C. '406(b)(1) in the total
amount of $21,150.00. In the absence of opposition by the Commissioner, the Motion and
supporting Exhibits establish that an award of attorney fees is warranted under 42 U.S.C.
'406(b) in the amount the Motion seeks.
Accordingly, the Court hereby ORDERS that:
1.

The Motion By Plaintiff’s Attorney For Fees Under The Social Security Act, 42
U.S.C. '406(b) (Doc. #30) is GRANTED; and

2.

The Commissioner shall pay Plaintiff=s attorney fees pursuant to 42 U.S.C.
'406(b) in the amount of $21,150.00.

August 13, 2015

*s/Thomas M. Rose

Thomas M. Rose
United States District Judge

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