United States District Court, S.D. Ohio, Western Division, Dayton
MARY E. MILLER, Plaintiff,
CAROLYN W. COLVIN, Commissioner of the Social Security Administration, Defendant.
DECISION AND ENTRY
L. Ovington United States Magistrate Judge.
social security case is before the Court upon the Motion For
Allowance Of Attorney Fees filed by Plaintiff's attorney.
(Doc. #19). The Commissioner has not opposed or otherwise
responded to the Motion.
counsel seeks an award of attorney fees under 42 U.S.C.
§ 406(b)(1) in the total amount of $21, 255.00. 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.
addition, the Court previously accepted the parties'
stipulation to an award of $3, 950.00 in attorney fees to
Plaintiff's counsel under the Equal Access to Justice Act
(EAJA). (Doc. #17). The 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 Plaintiff's 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.
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).
the Court hereby ORDERS that:
Motion For Allowance Of Attorney Fees filed by
Plaintiff's attorney (Doc. #19) is GRANTED;
Commissioner shall pay Plaintiff's attorney fees pursuant
to 42 U.S.C. § 406(b)(1) in the amount of $21, 255.00;
Plaintiff's counsel shall refund to Plaintiff the amount
of attorney fees, if any, he has actually received under ...