Gurley v. Commissioner of Social Security, No. 3:2017cv00410 - Document 16 (S.D. Ohio 2019)

Court Description: DECISION ORDER granting 15 Motion for Attorney Fees - Plaintiff's Motion for Allowance of Attorney Fees 15 is GRANTED, the Commissioner shall pay Plaintiff's attorney fees pursuant to 42 U.S.C. Section 406(b)(1) in the total amount of $9,812.63; and the case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 6-24-2019. (de)

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Gurley v. Commissioner of Social Security Doc. 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON LESLIE M. GURLEY, Plaintiff, vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. : Case No. 3:17-cv-410 : : District Judge Thomas M. Rose : Magistrate Judge Sharon L. Ovington : : : : : : DECISION AND ENTRY This case is before the Court upon Plaintiff’s Motion for Allowance of Attorney Fees. (Doc. #15). Plaintiff indicates that the Commissioner would not stipulate to any petition for fees under 42 U.S.C. § 406(b) in this case. Id. at 1204. The Commissioner did not respond to Plaintiff’s Motion. Plaintiff’s Motion seeks an award of attorney fees under 42 U.S.C. § 406(b)(1) in the total amount of $9,812.63. 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 42 U.S.C. § 406(b)(1) in the amount the Motion seeks. IT IS THEREFORE ORDERED THAT: 1. Plaintiff’s Motion for Allowance of Attorney Fees (Doc. #15) is GRANTED; 2. The Commissioner shall pay Plaintiff’s attorney fees pursuant to 42 U.S.C. § 406(b)(1) in the total amount of $9,812.63; and Dockets.Justia.com 3. The case remains terminated on the docket of this Court. IT IS SO ORDERED. Date: June 24, 2019 *s/Thomas M. Rose Thomas M. Rose United States District Judge 2

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