Ammons v. Commissioner of Social Security

Filing 21

DECISION AND ORDER granting 19 Motion for Attorney Fees - The Motion For Authorization Of Attorney Fees Pursuant to 42 U.S.C. § 406(b) filed by Plaintiff's attorney 19 is GRANTED, the Commissioner shall pay Plaintiff's attorney fe es pursuant to 42 U.S.C. § 406(b)(1) in the amount of $6,136.00, Plaintiff's counsel shall refund to Plaintiff the amount of attorney fees, if any, he has actually received under the Equal Access To Justice Act 17 ; and case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 9-12-2017. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
CHRISTOPHER D. AMMONS,
Plaintiff,

:
:
Case No. 3:15cv00387

vs.

:

NANCY A. BERRYHILL,
Commissioner of the Social
Security Administration,
Defendant.

:

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

:
:

DECISION AND ENTRY
This case is before the Court upon the Motion For Authorization Of Attorney Fees
Pursuant to 42 U.S.C. § 406(b) filed by Plaintiff’s attorney (Doc. #19) and the
Commissioner’s response (Doc. #20). The Commissioner does not oppose Plaintiff’s
counsel’s Motion. (Doc. #20, PageID #498).
The Motion seeks an award of attorney fees under 42 U.S.C. § 406(b)(1) in the
total amount of $6,136.00. 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)(1) in the amount the Motion seeks.
In addition, the Court previously accepted the parties’ stipulation to an award of
$2,747.50 in attorney fees (and costs) to Plaintiff’s counsel under the Equal Access to
Justice Act (EAJA). (Doc. #19). The EAJA award, however, was subject to offset in the

amount of any debt Plaintiff owed the Government. See Doc. #17. The current record
does not indicate whether or not Plaintiff’s counsel actually received any of the EAJA
award because of the potential offset. Plaintiff’s counsel acknowledges that he may not
recover attorney fees under both the EAJA and 42 U.S.C. § 406(b) for the same work.
(Doc. #19, PageID #469). Plaintiff’s 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:
1.

The Motion For Authorization Of Attorney Fees Pursuant to 42 U.S.C. §
406(b) filed by Plaintiff’s attorney (Doc. #19) is GRANTED;

2.

The Commissioner shall pay Plaintiff’s attorney fees pursuant to 42 U.S.C.
§ 406(b)(1) in the amount of $6,136.00;

3.

Plaintiff’s counsel shall refund to Plaintiff the amount of attorney fees, if
any, he has actually received under the Equal Access To Justice Act (Doc.
#17); and

4.

The case remains terminated on the docket of this Court.

September 12, 2017

*s/Thomas M. Rose
Thomas M. Rose
United States District Judge