Wert v. Commissioner of Social Security

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Heather A. Wert, Plaintiff, v. Case No. 1:17cv477 Commissioner of Social Security, Judge Michael R. Barrett Defendant.

ORDER This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on October 26, 2020 (Doc. 45).

Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the R&R in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge=s R&R (Doc. 45) have been filed.

Accordingly, it is ORDERED that the R&R (Doc. 45) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, plaintiff’s Motion for Attorney Fees (Doc. 40) under the Social Security Act, 42 U.S.C. § 406(b), is GRANTED and counsel is AWARDED attorney fees in the amount of $10,536.57.1 IT IS SO ORDERED.

/s/ Michael R. Barrett Michael R. Barrett, Judge United States District Court As noted by the Magistrate Judge, counsel has acknowledged that any award of fees under § 406(b) must be offset by the previous award of Equal Access to Justice Act (“EAJA”) fees (see Doc. 31) in the amount of $2,422.50. Thus, if paid to counsel, the $2,422.50 EAJA fee must be refunded to plaintiff.