Kirk v. Commissioner of Social Security

Filing 17

DECISION AND ENTRY- IT IS THEREFORE ORDERED THAT: 1. The Motion for Authorization of Attorney Fees Pursuant to 42 U.S.C. § 406(b) (Doc. # 16 ) filed by Plaintiffs attorney is GRANTED; 2. The Commissioner shall pay Plaintiffs attorney fees pursuant to 42 U.S.C. § 406(b)(1) in the amount of $13,375.50; and3. The case remains terminated on the docket of this Court.. Signed by Magistrate Judge Sharon L. Ovington on 5/19/2020. (kma)

Case: 3:18-cv-00186-SLO Doc #: 17 Filed: 05/19/20 Page: 1 of 2 PAGEID #: 811

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
HEATHER KIRK,
Plaintiff,
vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.

: Case No. 3:18-cv-186
:
: Magistrate Judge Sharon L. Ovington
: (by full consent of the parties)
:
:
:
:
:
:

DECISION AND ENTRY
This case is before the Court upon Plaintiff’s Motion for Authorization of
Attorney Fees Pursuant to 42 U.S.C. § 406(b). (Doc. #16). Plaintiff indicated that the
Commissioner does not oppose this Motion.
Plaintiff seeks an award of attorney fees under 42 U.S.C. § 406(b)(1) in the total
amount of $13,375.50. 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 Plaintiff seeks.
Plaintiff did not request or receive attorney fees under the Equal Access to Justice
Act. Counsel may not recover attorney fees under both the EAJA and 42 U.S.C. § 406(b)
for the same work. See Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002).
IT IS THEREFORE ORDERED THAT:
1.

The Motion for Authorization of Attorney Fees Pursuant to 42
U.S.C. § 406(b) (Doc. #16) filed by Plaintiff’s attorney is

Case: 3:18-cv-00186-SLO Doc #: 17 Filed: 05/19/20 Page: 2 of 2 PAGEID #: 812

GRANTED;
2.

The Commissioner shall pay Plaintiff’s attorney fees pursuant
to 42 U.S.C. § 406(b)(1) in the amount of $13,375.50; and

3.

The case remains terminated on the docket of this Court.

IT IS SO ORDERED.
May 19, 2020

s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge

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