Gerwin v. Commissioner of Social Security
Gerwin v. Commissioner of Social Security
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION
KATRINA GERWIN, ) CASE NO. 1:18-CV-1156 ) Plaintiff, ) ) JUDGE DONALD C. NUGENT v. ) ) COMMISSIONER OF SOCIAL ) MEMORANDUM OPINION SECURITY, ) AND ORDER ) Defendant. )
This case is before the Court on Plaintiff, Katrina Gerwin’s (“Ms. Gerwin” or “Plaintiff’) Motion for Attorney’s Fees Pursuant to
42 U.S.C. § 406(b) of the Social Security Act (the “Act”) (ECF #23). Plaintiff's counsel, Rebecca R. Gillissie (“Attorney Gillissie”), asks this Court to issue an Order awarding her $5,725.88 in attorney’s fees from the past-due benefits owed to Plaintiff pursuant to § 406(b) of the Act. Defendant, Commissioner of Social Security (the “Commissioner” or “Defendant”) does not object to the Motion. Pursuant to
42 U.S.C. § 406(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 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,
535 U.S. 789(2002). The Attorney Fee Agreement entered into by Plaintiff and Attorney Gillissie stated that the attorney fee would be 25% of total past-due benefits awarded to Plaintiff. Accordingly, this Court finds that the amount of $5,725.88 in attorney’s fees is reasonable. THEREFORE, this Court authorizes a payment to Attorney Gillissie in the amount of $5,725.88 in attorney’s fees being withheld from Plaintiff's past-due benefits.
IT IS SO ORDERED.
DONALD C. : jaENe, Senior United States District Judge DATED: Moya (g L020
Reference
- Status
- Unknown