Scandrick, Jr. v. Commissioner of Social Security

Filing 21

DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS (DOC. # 20 ); SUSTAINING PLAINTIFFS UNOPPOSED MOTION FOR AUTHORIZATION OF ATTORNEY FEES (DOC. # 18 ); AWARDING ATTORNEYS FEES IN THE AMOUNT OF $12,000 PURSUANT TO 42 U.S.C. § 406(b); PLAINTIFFS COUNSEL TO REFUND TO PLAINTIFF, WITHIN 14 DAYS, THE EAJA FEE PREVIOUSLY AWARDED TO COUNSEL; CASE TO REMAIN TERMINATED. Signed by Judge Walter H. Rice on 10/28/2020. (kma)

Case: 3:16-cv-00287-WHR-MJN Doc #: 21 Filed: 10/28/20 Page: 1 of 2 PAGEID #: 899

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JOE L. SCANDRICK, JR.,

:

Plaintiff,
v.

:

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

Case No. 3:16-cv-287
JUDGE WALTER H. RICE

:

DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATIONS (DOC. #20);
SUSTAINING PLAINTIFF’S UNOPPOSED MOTION FOR
AUTHORIZATION OF ATTORNEY FEES (DOC. #18); AWARDING
ATTORNEY’S FEES IN THE AMOUNT OF $12,000 PURSUANT TO
42 U.S.C. § 406(b); PLAINTIFF’S COUNSEL TO REFUND TO
PLAINTIFF, WITHIN 14 DAYS, THE EAJA FEE PREVIOUSLY
AWARDED TO COUNSEL; CASE TO REMAIN TERMINATED

Based on the reasoning and citations of authority set forth by United States
Magistrate Judge Michael J. Newman in his Report and Recommendations, Doc.
#20, as well as upon a thorough de novo review of this Court’s file and the
applicable law, the Court ADOPTS said judicial filing, and SUSTAINS Plaintiff’s
unopposed Motion for Authorization of Attorney Fees Pursuant to 42 U.S.C.
§ 406(b), Doc. #18.
Although the parties were advised of their right to file Objections to the
Report and Recommendations, and of the consequences of failing to do so, no
Objections were filed within the time allotted.

Case: 3:16-cv-00287-WHR-MJN Doc #: 21 Filed: 10/28/20 Page: 2 of 2 PAGEID #: 900

Plaintiff’s counsel is AWARDED the requested sum of $12,000 in attorney
fees, and is ORDERED to reimburse Plaintiff, within 14 days, the $3,400 in EAJA
fees previously awarded. See Doc. #17.
The above-captioned case shall remain terminated on the Court’s docket.

Date: October 27, 2020

(tp - per Judge Rice authorization after his review)

WALTER H. RICE
UNITED STATES DISTRICT JUDGE

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