Brown v. Commissioner of Social Security

Filing 18

DECISION AND ENTRY - Accordingly, the Court hereby ORDERS that: I. The Motion For Allowance Of Attorney Fees filed by Plaintiffs attorney (Doc. # 17 ) is GRANTED; 2. The Commissioner shall pay Plaintiffs attorney fees pursuant to 42 U.S.C.§ 406( b)(I) in the amount of$12,330.25; 3. Plaintiffs counsel shall refund to Plaintiff the amount of attorney fees, if any, he has actually received under the Equal Access To Justice Act; and 4. The case remains terminated on the docket of this Court. Signed by Judge Walter H. Rice on 7/18/17. (pb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
GARY BROWN, JR,
Plaintiff,
Case No. 3:14cv00135
vs.
NANCY A. BERRYHILL,
Commissioner of the Social
Security Administration,

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

Defendant.

DECISION AND ENTRY
T his case is before the Court upon the Motion For Allowance Of Attorney Fees
filed by Plaintiff' s attorney. (Doc. #17). The Commissioner has neither responded to nor
opposed this Motion.
The Motion seeks an award of attorney fees under 42 U .S.C. § 406(b )(I) in the
total amount of $12,330.25. In the absence of opposition by the Commissioner, the
Motion and supporting Exhibits establish that an award of attorney fees is reasonable and
warranted under 42 U.S.C. § 406(b)(l) in the amount the Motion seeks.
In addition, the Court previously accepted the parties' stipulation to an award of
$3,250.00 in attorney fees to Plaintiffs counsel under the Equal Access to Justice Act
(EAJA). (Doc. # 16). The EAJA award, however, was subject to offset in the amount of
any debt Plaintiff owed the Government. See id. The current record does not indicate

whether or not Plaintiffs counsel actually received any of the EAJA award because of
the potential offset. Counsel, moreover, may not recover attorney fees under both the
EAJA and 42 U.S.C. § 406(b) for the same work. Plaintiffs counsel must therefore
return to Plaintiff the amount of EAJA fees, if any, he has actually received. See

Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002).
Accordingly, the Court hereby ORDERS that:
I.

The Motion For Allowance Of Attorney Fees filed by Plaintiffs attorney
(Doc. # 17) is GRANTED;

2.

The Commissioner shall pay Plaintiffs attorney fees pursuant to 42 U.S.C.
§ 406(b)(I) in the amount of$12,330.25;

3.

Plaintiffs counsel shall refund to Plaintiff the amount of attorney fees, if
any, he has actually received under the Equal Access To Justice Act; and

4.

The case remains terminated on the docket of this Court.

Walter H. Rice
United States District Judge

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