Filed: Sep. 12, 2014
Latest Update: Sep. 12, 2014
Summary: ORDER TERRY L. WOOTEN, Chief District Judge. On July 11, 2014, Plaintiff's counsel, W. Daniel Mayes, filed a motion for attorney's fees and costs pursuant to the Social Security Act, 42 U.S.C. 406(b). (Doc. #38). The motion seeks reimbursement for counsel's representation in the above-captioned matter in the amount of $12,495.47. As required by 406(b), the requested amount is not greater than twenty-five perfect of the past-due benefits that Plaintiff recovered. The Commissioner filed a re
Summary: ORDER TERRY L. WOOTEN, Chief District Judge. On July 11, 2014, Plaintiff's counsel, W. Daniel Mayes, filed a motion for attorney's fees and costs pursuant to the Social Security Act, 42 U.S.C. 406(b). (Doc. #38). The motion seeks reimbursement for counsel's representation in the above-captioned matter in the amount of $12,495.47. As required by 406(b), the requested amount is not greater than twenty-five perfect of the past-due benefits that Plaintiff recovered. The Commissioner filed a res..
More
ORDER
TERRY L. WOOTEN, Chief District Judge.
On July 11, 2014, Plaintiff's counsel, W. Daniel Mayes, filed a motion for attorney's fees and costs pursuant to the Social Security Act, 42 U.S.C. § 406(b). (Doc. #38). The motion seeks reimbursement for counsel's representation in the above-captioned matter in the amount of $12,495.47. As required by § 406(b), the requested amount is not greater than twenty-five perfect of the past-due benefits that Plaintiff recovered. The Commissioner filed a response stating that she does not object to the petition. (Doc. #39).
The Court has reviewed Plaintiff's counsel's fee petition and the accompanying signed fee agreement and finds the request for fees pursuant to § 406(b) to be reasonable.1 Accordingly, IT IS ORDERED that Plaintiff's Motion for Attorney's Fees pursuant to the Social Security Act, 42 U.S.C § 406(b), is GRANTED in the amount of $12,495.47.
The Court notes that Plaintiff's attorney was previously awarded attorney's fees in this action in the amount of $5,053.13 under the Equal Access to Justice Act ("EAJA"). (Doc. #36).
As Plaintiff's counsel acknowledges in the Memorandum in Support of the Motion for Attorney's Fees (Doc. #38-1), the previous EAJA award must be refunded to Plaintiff upon receipt of the fees awarded in this motion. Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002).
IT IS SO ORDERED.
