Burwick v. Commissioner of Social Security, No. 3:2019cv00159 - Document 17 (S.D. Ohio 2022)

Court Description: DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The Motion for Allowance of Attorney Fees filed by Plaintiffs attorney (Doc. No. 16 ) is GRANTED; 2. The Commissioner shall pay Plaintiffs attorney fees pursuant to 42 U.S.C. § 406(b)(1) in the amount of $10,244.25; 3. The case remains terminated on the docket of this Court. Signed by Magistrate Judge Sharon L. Ovington on 2/7/22. (pb) Modified on 2/7/2022 (pb).

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Burwick v. Commissioner of Social Security Doc. 17 Case: 3:19-cv-00159-SLO Doc #: 17 Filed: 02/07/22 Page: 1 of 2 PAGEID #: 758 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON MELISA B., Plaintiff, vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. : Case No. 3:19-cv-159 : : : 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 Allowance of Attorney Fees (Doc. No. 16). Plaintiff’s Motion seeks an award of attorney fees under 42 U.S.C. § 406(b)(1) in the total amount of $10,244.25. Plaintiff and counsel were advised that, although he cannot consent to a fee under 42 U.S.C. § 406(b)(1), the Acting Commissioner does not object to the reasonableness of the fee requested in the Motion. 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. IT IS THEREFORE ORDERED THAT: 1. The Motion for Allowance of Attorney Fees filed by Plaintiff’s attorney (Doc. No. 16) is GRANTED; 2. The Commissioner shall pay Plaintiff’s attorney fees pursuant to 42 U.S.C. § 406(b)(1) in the amount of $10,244.25; Dockets.Justia.com Case: 3:19-cv-00159-SLO Doc #: 17 Filed: 02/07/22 Page: 2 of 2 PAGEID #: 759 3. The case remains terminated on the docket of this Court. February 7, 2022 s/Sharon L. Ovington Sharon L. Ovington United States Magistrate Judge 2

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