Filed: Feb. 26, 2018
Latest Update: Feb. 26, 2018
Summary: ORDER GRAHAM C. MULLEN , District Judge . Plaintiff's counsel filed a motion for approval of attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. 406(b), in the amount of $11,500, with $5,500 to be remitted to Plaintiff. Attorney fees under section 206(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. 406(b). Defendant filed a response, stating that, under Gisbrecht v. Barnhart , 535 U.S. 789 (2002), it is the duty of the Court to det
Summary: ORDER GRAHAM C. MULLEN , District Judge . Plaintiff's counsel filed a motion for approval of attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. 406(b), in the amount of $11,500, with $5,500 to be remitted to Plaintiff. Attorney fees under section 206(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. 406(b). Defendant filed a response, stating that, under Gisbrecht v. Barnhart , 535 U.S. 789 (2002), it is the duty of the Court to dete..
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ORDER
GRAHAM C. MULLEN, District Judge.
Plaintiff's counsel filed a motion for approval of attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), in the amount of $11,500, with $5,500 to be remitted to Plaintiff. Attorney fees under section 206(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. § 406(b).
Defendant filed a response, stating that, under Gisbrecht v. Barnhart, 535 U.S. 789 (2002), it is the duty of the Court to determine a reasonable fee.
The Court has reviewed the request of Plaintiff's counsel in light of his supporting affidavits and fee agreement. Pursuant to the fee agreement reached by Plaintiff and Plaintiff's counsel, counsel was authorized to receive up to 25% of her past due benefits, or $15,705. Counsel only requests $11,500, which, as compensation for counsel's 74.9 hours of work, amounts to an hourly fee of $153.54. The Court finds that this amount is reasonable in light of the complexity of the case, the skills of counsel, the successful result on remand, and the contingency risk involved. See Mudd v. Barnhart, 418 F.3d 424, 428 (4th Cir. 2005).
It is therefore ORDERED that Plaintiff's counsel be awarded fees under 42 U.S.C. § 406(b) in the amount of $11,500.
SO ORDERED.
