Vorwerck v. Commissioner of Social Security, No. 3:2015cv00345 - Document 21 (S.D. Ohio 2018)

Court Description: DECISION AND ENTRY- IT IS THEREFORE ORDERED THAT: 1. The Motion for Attorney Fees filed by Plaintiffs attorney (Doc. # 19 ) is GRANTED; 2. The Commissioner shall pay Plaintiffs attorney fees pursuant to 42 U.S.C. § 406(b)(1) in the amount of � 36;22,580.75; 3. Plaintiffs counsel shall refund to Plaintiff the amount of attorney fees, if any, he has actually received under the Equal Access to Justice Act; and 4. The case remains terminated on the docket of this Court. Signed by Magistrate Judge Sharon L. Ovington on 10/22/18. (kma)

Download PDF
Vorwerck v. Commissioner of Social Security Doc. 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON JULIE L. VORWERCK, Plaintiff, vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. : Case No. 3:15-cv-345 : : 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 Attorney Fees Pursuant to 42 U.S.C. § 406(b)(1) (Doc. #19) and Defendant’s Response (Doc. #20). The Motion seeks an award of attorney fees under 42 U.S.C. § 406(b)(1) in the total amount of $22,580.75. The Commissioner does not object to this amount. 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’s counsel seeks. In addition, the Court previously accepted the parties’ stipulation to an award of $6,000.00 in attorney fees to Plaintiff’s counsel under the Equal Access to Justice Act (EAJA).1 (Doc. #18). In Plaintiff’s previous case, the Court likewise accepted the parties’ stipulation to an EAJA award of $4,350.00 in attorney fees to Plaintiff’s counsel 1 The parties also stipulated to $400.00 in costs. Dockets.Justia.com under the EAJA. See Vorwerck v. Comm’r of Soc. Sec., case no. 3:11-cv-375, Notation Order approving Doc. #20 (S.D. Ohio July 8, 2013). Both EAJA awards, however, were subject to offset in the amount of any debt Plaintiff owed the Government. See id.; Doc. #18. The current record indicates that Plaintiff’s attorney received EAJA fees in the total amount of $10,350.00. (Doc. #19-4). Counsel may not recover attorney fees under both the EAJA and 42 U.S.C. § 406(b) for the same work. Therefore, Plaintiff’s counsel must return to Plaintiff the previously awarded EAJA fees in the amount of $10,350.00. See Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002). IT IS THEREFORE ORDERED THAT: 1. The Motion for Attorney Fees 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 $22,580.75; 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; and 4. The case remains terminated on the docket of this Court. IT IS SO ORDERED. Date: 10/22/2018 s/Sharon L. Ovington Sharon L. Ovington United States Magistrate Judge 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.