UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

EUNICE JOHNSON, Civil No.: 17-10452 : Plaintiff, : Hon. Matthew F. Leitman : United States District Judge v. : : Hon. David R. Grand ANDREW SAUL, : United States Magistrate Judge COMMISSIONER OF : SOCIAL SECURITY, : : Defendant . : __________________________________________________________________/

ORDER ON MOTION FOR AWARD OF § 406(b) FEES

Plaintiff’s motion for an award of attorney fees under

(b) in the amount of $9,735.00 (Docket No. 27) is GRANTED. The Commissioner has no objection to this motion (Docket No. 27 at 6 n.2). That award amounts to 25% of the past due benefits of $38,940.01 that the attorney’s efforts obtained for Plaintiff in this case. I conclude under the circumstances that it is reasonable. See Gisbrecht v. Barnhart,

(2002).1 This order has been presented and approved by Attorney Ronald Makawa from the Office of General Counsel of the Social Security Administration.

1 Since this Court denied Plaintiff’s attorney’s motion for fees under the Equal Access to Justice Act (“EAJA”) (Docket No. 25), there is no EAJA award to return to the claimant. See Gisbrecht,

(“Fee awards may be under both [the EAJA and § 406(b)], but the claimant’s attorney must refund to the claimant the amount of the smaller fee.”) (internal quotation and alteration omitted). s/ Wesley J. Lamey s/Ronald W. Makawa2 Wesley J. Lamey Ronald W. Makawa Michigan Bar #73613 Social Security Administration Ball, Banton, and Johnson, P.C. Office of the General Counsel 28755 Schoenherr Rd., Ste. 100 15 New Sudbury St. Warren, MI 48088 Room 625 Attorney for Plaintiff Boston, MA 02203

IT IS SO ORDERED. /s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE

Dated: October 24, 2019

2 Signed with consent obtained via email communication on October 24, 2019.