Johnson v. Saul, 17-10452. (2019)
Court: District Court, E.D. Michigan
Number: infdco20191029k84
Visitors: 12
Filed: Oct. 24, 2019
Latest Update: Oct. 24, 2019
Summary: ORDER ON MOTION FOR AWARD OF 406(b) FEES MATTHEW F. LEITMAN , District Judge . Plaintiff's motion for an award of attorney fees under 42 U.S.C. 406(b) in the amount of $9,735.00 (Docket No. 27) is GRANTED. The Commissioner has no objection to this motion (Docket No. 27 at 6 n.2). That award amounts to 25% of the past due benefits of $38,940.01 that the attorney's efforts obtained for Plaintiff in this case. I conclude under the circumstances that it is reasonable. See Gisbrecht v. B
Summary: ORDER ON MOTION FOR AWARD OF 406(b) FEES MATTHEW F. LEITMAN , District Judge . Plaintiff's motion for an award of attorney fees under 42 U.S.C. 406(b) in the amount of $9,735.00 (Docket No. 27) is GRANTED. The Commissioner has no objection to this motion (Docket No. 27 at 6 n.2). That award amounts to 25% of the past due benefits of $38,940.01 that the attorney's efforts obtained for Plaintiff in this case. I conclude under the circumstances that it is reasonable. See Gisbrecht v. Ba..
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ORDER ON MOTION FOR AWARD OF § 406(b) FEES
MATTHEW F. LEITMAN, District Judge.
Plaintiff's motion for an award of attorney fees under 42 U.S.C. § 406(b) in the amount of $9,735.00 (Docket No. 27) is GRANTED. The Commissioner has no objection to this motion (Docket No. 27 at 6 n.2). That award amounts to 25% of the past due benefits of $38,940.01 that the attorney's efforts obtained for Plaintiff in this case. I conclude under the circumstances that it is reasonable. See Gisbrecht v. Barnhart, 535 U.S. 789 (2002).1 This order has been presented and approved by Attorney Ronald Makawa from the Office of General Counsel of the Social Security Administration.
Wesley J. Lamey Ronald W. Makawa2
Michigan Bar #73613 Social Security Administration
Ball, Banton, and Johnson, P.C. Office of the General Counsel
28755 Schoenherr Rd., Ste. 100 15 New Sudbury St.
Warren, MI 48088 Room 625
Attorney for Plaintiff Boston, MA 02203
IT IS SO ORDERED.
FootNotes
1. Since this Court denied Plaintiff's attorney's motion for fees under the Equal Access to Justice Act ("EAJA") (Docket No. 25), there is no EAJA award to return to the claimant. See Gisbrecht, 535 U.S. at 796 ("Fee awards may be under both [the EAJA and § 406(b)], but the claimant's attorney must refund to the claimant the amount of the smaller fee.") (internal quotation and alteration omitted).
2. Signed with consent obtained via email communication on October 24, 2019.
Source: Leagle
