IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

BRIAN A. SHIELDS, ) CASE NO. 1:17-CV-01631 Plaintiff, JUDGE DONALD C. NUGENT v. ) ) ANDREW SAUL, ) MEMORANDUM OPINION Commissioner of Social Security, ) AND ORDER Defendant. This case is before the Court on Plaintiff, Brian A. Shields’s (“Mr. Shields or “Plaintiff”) Motion for Attorney’s Fees Pursuant to

(b) of the Social Security Act (the “Act”. (ECF #20). Defendant Andrew Saul, Commissioner of Social Security (the “Commissioner” or “Defendant”) filed a Response to the Motion. (ECF #23). Plaintiff's Counsel, Attorney Paulette F. Balin (“Attorney Balin”), asks this Court to issue an Order awarding her $8,734.25 in attorney’s fees from the past-due benefits owed to Plaintiff pursuant to § 406(b) of the Act. (ECF #20). Plaintiffs claim generated a total of $74,937.00 in past-due DAC benefits. (ECF #20). On October 19, 2018, Attorney Balin was granted Equal Access to Justice Act (“EAJA”) fees by stipulation of the parties in the amount of $3,093.47. (ECF #19). The Social Security Administration sent a Notice of Award dated January 14, 2020, notifying Plaintiff that 25% of his retroactive award is $18,734.15, and that this amount is being withheld from his benefits as attorney’s fees. Administrative Law Judge (“ALJ”) Pamela Loesel approved $10,000.00 in attorney’s fees pursuant to

(a) for work performed before the administration in this matter. Specifically, ALJ Loesel authorized a fee of $7,070.00 for Attorney Matthew J. Shupe and a fee of $2,930.00 for Attorney Balin.

Defendant filed a Response to Plaintiff's Motion for Attorney’s Fees (ECF #23), indicating that he does not object to the fee request under § 406(b) and asks this Court to order Plaintiff's counsel to refund the EAJA award of $3,093.47 when received, as counsel is required to refund the claimant the lesser of the § 406(b) and EAJA awards. Per Defendant’s Response, agency counsel has confirmed that the $3,093.47 payment is forthcoming. (ECF #23). Pursuant to

(b), the Court may award attorney’s fees to a successful claimant’s counsel for work performed before the Court in a reasonable amount, not to exceed twenty-five (25%) of the total past-due benefits. These fees are awarded from the past-due benefits awarded to the claimant and are withheld from the claimant by the Commissioner. See Gisbrecht v. Barnhart,

(2002). The $8,734.25 fee requested under § 406(b) for services rendered only in federal court represents 11% of the past-due SSDI benefits paid on Plaintiff's account. When combined with the $10,000.00 award authorized in § 406(a) fees, the requested § 406(b) fees do not exceed 25% of past-due benefits, as consistent with the parties’ fee agreement and the law. Accordingly, this Court finds that the amount of $8,734.25 in attorney’s fees is reasonable and appropriate. THEREFORE, this Court authorizes a payment to Attorney Paulette F. Balin in the amount of $8,734.25 in attorney’s fees being withheld from Plaintiff's past-due benefits, and that upon receipt of this sum, Attorney Balin will remit $3,093.47 directly to Plaintiff. IT IS SO ORDERED. lf — Senior United States District Judge

DATED: My 2 \ 10-0