Filed: Jan. 31, 2019
Latest Update: Jan. 31, 2019
Summary: ORDER REQUIRING DEFENDANT TO PROVIDE STATEMENT OF PAST-DUE BENEFITS AWARDED TO PLAINTIFF (ECF No. 28) ERICA P. GROSJEAN , Magistrate Judge . On December 18, 2018, Counsel for Plaintiff filed a motion for attorney fees pursuant to 42 U.S.C. 406(b). In this motion, Plaintiff's counsel estimates the amount of past-due benefits awarded to Plaintiff at "approximately $8,000.00." (ECF No. 28 at 3; see id. at 5 ("Counsel calculates Eshraghi's past due benefits at $8,000.00 without COLA."). Th
Summary: ORDER REQUIRING DEFENDANT TO PROVIDE STATEMENT OF PAST-DUE BENEFITS AWARDED TO PLAINTIFF (ECF No. 28) ERICA P. GROSJEAN , Magistrate Judge . On December 18, 2018, Counsel for Plaintiff filed a motion for attorney fees pursuant to 42 U.S.C. 406(b). In this motion, Plaintiff's counsel estimates the amount of past-due benefits awarded to Plaintiff at "approximately $8,000.00." (ECF No. 28 at 3; see id. at 5 ("Counsel calculates Eshraghi's past due benefits at $8,000.00 without COLA."). The..
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ORDER REQUIRING DEFENDANT TO PROVIDE STATEMENT OF PAST-DUE BENEFITS AWARDED TO PLAINTIFF
(ECF No. 28)
ERICA P. GROSJEAN, Magistrate Judge.
On December 18, 2018, Counsel for Plaintiff filed a motion for attorney fees pursuant to 42 U.S.C. § 406(b). In this motion, Plaintiff's counsel estimates the amount of past-due benefits awarded to Plaintiff at "approximately $8,000.00." (ECF No. 28 at 3; see id. at 5 ("Counsel calculates Eshraghi's past due benefits at $8,000.00 without COLA."). The motion includes copies of the Administrative Law Judge ("ALJ") "Notice of Decision—Fully Favorable"; the ALJ's written decision; the ALJ's order regarding the fee agreement between Plaintiff and her counsel; and a Social Security letter addressed to Plaintiff's counsel stating that monies have been withheld "from the past-due benefits payable to Shoallah Eshraghi" for payment of approved attorney fees. (ECF No. 28-3; 28-4.)
However, none of these documents, nor any of the other document included with the motion, states the amount of past-due benefits awarded to Plaintiff, nor the amount of monies withheld for payment of approved attorney fees. (See ibid.)
Because the determination of whether the § 406(b) attorney fees requested by Plaintiff's counsel are authorized and reasonable depends in part on the amount of past-due benefits awarded, the Court will require Defendant to provide a statement of past-due benefits awarded to Plaintiff.
IT IS ORDERED that Defendant shall file, within fourteen (14) days of the date of this order, a statement of past-due benefits awarded to Plaintiff. Defendant may do so either through a separate statement of past-due benefits or through a response to the motion for attorney fees pursuant to § 406(b) in which Defendant includes a statement of past-due benefits awarded to Plaintiff.
IT IS SO ORDERED.