Filed: Aug. 29, 2014
Latest Update: Aug. 29, 2014
Summary: REPORT AND RECOMMENDATIONS 1 SHARON L. OVINGTON, Chief Magistrate Judge. This case is before the Court upon the Plaintiff's Attorney's Motion For An Award Of Attorney Fees Under 42 U.S.C. 406(b) (Doc. #17), the Commissioner's Response (Doc. #18), and the record as a whole. The Motion seeks an award of attorney fees under 42 U.S.C. 406(b)(1) in the total amount of $7,000.00. The Commissioner does not oppose this request. (Doc. #18, PageID at 167). In the absence of opposition by the Commi
Summary: REPORT AND RECOMMENDATIONS 1 SHARON L. OVINGTON, Chief Magistrate Judge. This case is before the Court upon the Plaintiff's Attorney's Motion For An Award Of Attorney Fees Under 42 U.S.C. 406(b) (Doc. #17), the Commissioner's Response (Doc. #18), and the record as a whole. The Motion seeks an award of attorney fees under 42 U.S.C. 406(b)(1) in the total amount of $7,000.00. The Commissioner does not oppose this request. (Doc. #18, PageID at 167). In the absence of opposition by the Commis..
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REPORT AND RECOMMENDATIONS1
SHARON L. OVINGTON, Chief Magistrate Judge.
This case is before the Court upon the Plaintiff's Attorney's Motion For An Award Of Attorney Fees Under 42 U.S.C. § 406(b) (Doc. #17), the Commissioner's Response (Doc. #18), and the record as a whole.
The Motion seeks an award of attorney fees under 42 U.S.C. § 406(b)(1) in the total amount of $7,000.00. The Commissioner does not oppose this request. (Doc. #18, PageID at 167). In the absence of opposition by the Commissioner, the Motion, Memorandum, and supporting Exhibits establish that an award to Plaintiff's counsel of $7,000.00 in attorney fees is warranted under 42 U.S.C. § 406(b)(1).
The Commissioner suggests that if the Court orders the requested award of $7,000.00 in attorney fees, the Court should also order Plaintiff's counsel to reimburse Plaintiff the $3,715.00 previously paid to counsel under the Equal Access to Justice Act (EAJA). See Doc. #16. In the absence of a response or opposition by Plaintiff's counsel, Commissioner's suggestion is well taken. See Jankovich v. Bowen, 868 F.2d 867, 871 n.1 (6th Cir. 1989).
Accordingly, the Court hereby RECOMMENDS that:
1. Plaintiff's Attorney's Motion For An Award Of Attorney Fees Under 42 U.S.C. § 406(b) (Doc. #17) be GRANTED;
2. The Commissioner be directed to pay Plaintiff's attorney fees pursuant to 42 U.S.C. § 406(b)(1) in the amount of $7,000.00;
3. Plaintiff's counsel be directed to reimburse Plaintiff the amount of EAJA fees — $3,715.00 — previously awarded to counsel; and
4. The case remain terminated on the docket of this Court.
