BENNETT v. COMMISSIONER OF SOCIAL SECURITY

Case No. 2:15-cv-90.

JASON F. BENNETT, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

United States District Court, S.D. Ohio, Eastern Division.

Editors Note
Applicable Law: 42 U.S.C. § 206
Cause: 42 U.S.C. § 206 Social Security Benefits
Nature of Suit: 863 Social Security: DIWC/DIWW
Source: PACER


Attorney(s) appearing for the Case

Jason F. Bennett, Plaintiff, represented by Jay W. Dixon , Agee, Clymer, Mitchell and Laret.

Commissioner of Social Security, Defendant, represented by John J. Stark , US Attorney Office & Meghan O'Callaghan , Social Security Administration.


ORDER

EDMUND A. SARGUS, Jr., District Judge.

On April 26, 2017, the Magistrate Judge issued a Report and Recommendation in this case ("Report and Recommendation") (ECF No. 28) recommending that the Plaintiff's Motion for Attorney's Fees under 42 U.S.C. § 406(b) of the Social Security Act (ECF No. 26) be granted. Plaintiff was awarded $65,146.00 in past due benefits, of which the Commissioner withheld 25% ($15,285.25) for attorney's fees, Plaintiff's counsel asked the Court to approve a fee in the amount of $10,000.00 (subject to an offset for the EAJA award), which the Magistrate Judge recommended granting. The Report and Recommendation advised the parties that failure to object within fourteen days would result in a waiver of review. The time period for objections has run and no party has objected to the Report and Recommendation. Accordingly, the Report and Recommendation (ECF No. 28) is ADOPTED and the Plaintiff's Motion for Attorney's Fees under 42 U.S.C. § 406(b) (ECF No. 26) is GRANTED.

IT IS SO ORDERED.


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