Filed: Dec. 10, 2019
Latest Update: Dec. 10, 2019
Summary: ORDER ROBIN J. CAUTHRON , District Judge . On December 18, 2017, this Court issued an Order and Judgment [Doc. Nos. 24 & 25] reversing Defendant Commissioner of Social Security Administration's denial of Plaintiff's application for Disability Insurance Benefits and remanding this case for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). Plaintiff's attorney filed Plaintiff's Application for Award of Attorney's Fees pursuant to the Equal Access to Justice
Summary: ORDER ROBIN J. CAUTHRON , District Judge . On December 18, 2017, this Court issued an Order and Judgment [Doc. Nos. 24 & 25] reversing Defendant Commissioner of Social Security Administration's denial of Plaintiff's application for Disability Insurance Benefits and remanding this case for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). Plaintiff's attorney filed Plaintiff's Application for Award of Attorney's Fees pursuant to the Equal Access to Justice ..
More
ORDER
ROBIN J. CAUTHRON, District Judge.
On December 18, 2017, this Court issued an Order and Judgment [Doc. Nos. 24 & 25] reversing Defendant Commissioner of Social Security Administration's denial of Plaintiff's application for Disability Insurance Benefits and remanding this case for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
Plaintiff's attorney filed Plaintiff's Application for Award of Attorney's Fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, on January 3, 2018. [Doc. No. 28.] Ultimately, on January 18, 2018, the Court entered an Order awarding Plaintiff EAJA attorney fees in the amount of $4,079.20. [Doc. No. 30.]
Upon remand to the Commissioner, Plaintiff received a fully favorable decision that found Plaintiff was disabled and was entitled to monthly disability benefits beginning December 15, 2009. Plaintiff was awarded total past-due benefits in the amount of $65,823.00 for the period of June 2013 through June 2019.
Subsequently, on September 17, 2019, Plaintiff's counsel filed her Motion for Award of Attorney's Fees pursuant to 42 U.S.C. § 406(b)[Doc. No. 33], requesting a total fee of $9,079.20. On September 17, 2019, the Court issued an Order allowing Plaintiff to file her Motion for Award of Attorney's Fees at that time despite the fact Plaintiff was unable to file this motion within fourteen days of the date of judgment. [Doc. No. 32.] Plaintiff has also specifically advised that she has no objection to the attorney's fee requested pursuant to 42 U.S.C. § 406(b). Defendant has also filed a response indicating he has no objection to Plaintiff's Motion for Attorney's Fees pursuant to 42 U.S.C. § 406(b). [Doc. No. 34.]
Having considered the record in this case, the Court finds that the requested attorney's fee in the amount of $9,079.20 is reasonable and, thus, Plaintiff's counsel is entitled to an award of attorney's fees in the amount of $9,079.20 pursuant to 42 U.S.C. § 406(b). Therefore, the Court does hereby:
ORDER that Plaintiff's counsel is awarded attorney's fees pursuant to 42 U.S.C. § 406(b)(1), in the amount of $9,079.20. Further, Plaintiff's counsel shall reimburse to Plaintiff the smaller of either the EAJA award of $4,079.20 which she received previously or the subsequent award under 42 U.S.C. § 406(b) as required by Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED.
