Martin v. Commissioner of Social Security

Filing 21

ENTRY AND ORDER GRANTING UNOPPOSED PETITION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b)(1) 18 . Signed by Judge Thomas M. Rose on 3-29-2017. (de)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON MICHAEL JAMES MARTIN, : Case No. 3:15-cv-131 : Plaintiff, : Judge Thomas M. Rose : v. : : NANCY A. BERRYHILL, : Acting Commissioner of the Social : Security Administration, : : Defendant. : ______________________________________________________________________________ ENTRY AND ORDER GRANTING UNOPPOSED PETITION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b)(1) (DOC. 18) ______________________________________________________________________________ The Court, having read Plaintiff Michael James Martin’s Petition for Attorney Fees Pursuant to 42 U.S.C. § 406(b)(1) (Doc. 18) and all the supporting documents thereto, and noting that the Commissioner of Social Security filed a Notice of No Objection (Doc. 20) to the Petition: IT IS ORDERED that attorney fees be granted in the amount of $10,559.00, which represents less than 25% ($17,672.25) of the past due benefits awarded to the Plaintiff, be remitted to the LAW OFFICES OF HARRY J. BINDER AND CHARLES E. BINDER, P.C. Upon receipt of this sum and the previously awarded Equal Access to Justice Act fees of $5,200.00, counsel for Plaintiff is directed to remit the lesser of the two fees directly to the Plaintiff. Nothing in this order will preclude Plaintiff’s duly appointed representative(s) from requesting fees under 406(a) for time spent handling Plaintiff’s case before the Social Security Administration providing that the combined fees approved under 406(a) and 406(b) does not exceed $17,672.25, which represents 25% of the retroactive benefits awarded to the Plaintiff. DONE and ORDERED in Dayton, Ohio, this Tuesday, March 28, 2017. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE 2

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