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

MICHAEL J. FAZIO, ) CASE NO. 1:17-CV-842 ) Plaintiff, ) JUDGE DONALD C. NUGENT Vv. ) ) ANDREW SAUL, ) Commissioner of Social Security, ) MEMORANDUM OPINION ) AND ORDER Defendant. ) This case is before the Court on Plaintiff, Michael J. Fazio’s (“Mr. Fazio” or “Plaintiff’) Motion for Attorney’s Fees Pursuant to

(b) of the Social Security Act (the “Act”) (ECF #29). Defendant, Commissioner of Social Security (“Commissioner” or “Defendant’’) filed a Response to the Motion (ECF #30). Plaintiff's counsel, Attorney Paulette F. Balin (“Attorney Balin’), asks this Court to issue an Order awarding her $7,506.50 in attorney’s fees from the past- due benefits owed to Plaintiff pursuant to § 406(b) of the Act. Plaintiff's claim generated a total of $70,026.00 in past-due DAC benefits. (ECF #29). On September 20, 2018, Attorney Balin was granted Equal Access to Justice Act (““EAJA”) fees by stipulation of the parties in the amount of $6,413.24. (ECF #29). The Social Security Administration sent a Notice of Award dated June 15, 2020, notifying Plaintiff that twenty-five percent (25%) of his retroactive award is $17,506.50, and that this amount is being withheld from his benefits as attorney’s fees. Administrative Law Judge (“ALJ”) Joseph Hajjar approved $10,000.00 in attorney’s fees pursuant

(a) for work performed before the administration in the matter. Specifically, ALJ Hajjar authorized a fee of $4,585.00 for Attorney Matthew J. Shupe and a fee of $5,415.00 for Attorney Paulette F. Balin.

Defendant filed a Response to Plaintiff's Motion for Attorney’s Fees (ECF #30), 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 $6,413.24 when received, as counsel is required to refund the claimant the lesser of the § 406(b) and EAJA awards. 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 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 $7,506.50 fee requested under § 406(b) for services rendered only in federal court represents ten percent (10%) of the past-due SSDI benefits paid on Plaintiff's account. When combined with the $10,000.00 authorized in § 406(a) fees, the requested § 406(b) fees do not exceed 25% of the past-due benefits, as consistent with the fee agreement and the law. Accordingly, this Court finds that the amount of $7,506.50 in attorney’s fees is reasonable. THEREFORE, this Court authorizes a payment to Attorney Paulette F. Balin in the amount of $7,506.50 in attorney’s fees being withheld from Plaintiff's past-due benefits, and that upon receipt of this sum, Attorney Balin will remit $6,413.24 directly to Plaintiff.

IT IS SO ORDERED. all Mal fag Senior United States District-Judge