UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

JAMIL SHTEIWI., : Case No. 3:19-cv-190 : Plaintiff, : : Magistrate Judge Peter B. Silvain, Jr. vs. : (by full consent of the parties) : COMMISSIONER OF THE SOCIAL : SECURITY ADMINISTRATION, : : Defendant. :

DECISION AND ENTRY

This case is before the Court upon Plaintiff’s Motion for Allowance of Attorney Fees. (Doc. #18). The Commissioner has neither responded to nor opposed this Motion. The Motion seeks an award of attorney fees under

(b)(1) in the total amount of $19,899.38.

Plaintiff’s counsel indicates that they were advised by the Commissioner that, although he cannot consent to a fee under

(b)(1), he does not object to the reasonableness of the fee requested by Plaintiff.

. In the absence of opposition by the Commissioner, the Motion and supporting Exhibits establish that an award of attorney fees is reasonable and warranted under

(b)(1) in the amount Plaintiff’s counsel seeks. In addition, the Court previously accepted the parties’ stipulation to an award of $4,200.00 in attorney fees to Plaintiff’s counsel under the Equal Access to Justice Act (EAJA). (Doc. #17). In Plaintiff’s previous case, the Court likewise accepted the parties’ stipulation to an EAJA award of $4,920.00 in attorney fees to Plaintiff’s counsel under the EAJA. See Shteiwi v. Comm’r of Soc. Sec., case no. 3:16-cv-105, Doc. #17 (S.D. Ohio Oct. 25, 2017). Both EAJA awards, however, were subject to offset in the amount of any debt Plaintiff owed the Government. See id.; Doc. #17. The current record indicates that Plaintiff’s attorney received EAJA fees in the total amount of $9,120.00. (Doc. #18, PageID #1344). Counsel may not recover attorney fees under both the EAJA and

(b) for the same work. Therefore, Plaintiff’s counsel must return to Plaintiff the previously awarded EAJA fees in the amount of $9,120.00. See Gisbrecht v. Barnhart,

(2002).

IT IS THEREFORE ORDERED THAT: 1. The Motion for Allowance of Attorney Fees (Doc. #18) filed by Plaintiff’s attorney is GRANTED; 2. The Commissioner shall pay Plaintiff’s attorney fees pursuant to

(b)(1) in the amount of $19,899.38; 3. Plaintiff’s counsel shall refund to Plaintiff the amount of attorney fees, if any, he has actually received under the Equal Access to Justice Act; and 4. The case remains terminated on the docket of this Court. IT IS SO ORDERED.

April 14, 2023 s/Peter B. Silvain, Jr. Peter B. Silvain, Jr. United States Magistrate Judge