Filed: Jun. 27, 2018
Latest Update: Jun. 27, 2018
Summary: ORDER BRUCE HOWE HENDRICKS , District Judge . On May 17, 2018, Beatrice E. Whitten, counsel for Plaintiff, filed a motion for attorney's fees pursuant to 42 U.S.C. 406(b). (ECF No. 29.) Specifically, counsel requests reimbursement for representation provided in the above-captioned case in the amount of $18,533.50. 1 As required by 42 U.S.C. 406(b), the amount requested by counsel is not greater than twenty-five percent (25%) of the past-due benefits recovered by Plaintiff. On June 18
Summary: ORDER BRUCE HOWE HENDRICKS , District Judge . On May 17, 2018, Beatrice E. Whitten, counsel for Plaintiff, filed a motion for attorney's fees pursuant to 42 U.S.C. 406(b). (ECF No. 29.) Specifically, counsel requests reimbursement for representation provided in the above-captioned case in the amount of $18,533.50. 1 As required by 42 U.S.C. 406(b), the amount requested by counsel is not greater than twenty-five percent (25%) of the past-due benefits recovered by Plaintiff. On June 18,..
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ORDER
BRUCE HOWE HENDRICKS, District Judge.
On May 17, 2018, Beatrice E. Whitten, counsel for Plaintiff, filed a motion for attorney's fees pursuant to 42 U.S.C. § 406(b). (ECF No. 29.) Specifically, counsel requests reimbursement for representation provided in the above-captioned case in the amount of $18,533.50.1
As required by 42 U.S.C. § 406(b), the amount requested by counsel is not greater than twenty-five percent (25%) of the past-due benefits recovered by Plaintiff. On June 18, 2018, counsel for the Acting Commissioner of Social Security ("Commissioner") filed a response to the motion, in which she states that the Commissioner does not oppose the motion but clarifies that the fees are for court time only. (ECF No. 30.) The Court has reviewed the motion and exhibits and finds that counsel's request for fees is reasonable.
Accordingly, IT IS ORDERED that Plaintiff's counsel's motion for attorney's fees (ECF No. 29) pursuant to the Social Security Act, 42 U .S.C. § 406(b), is GRANTED in the amount of $18,533.50. Plaintiff's counsel shall refund to Plaintiff the amount of fees previously awarded under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d).2
IT IS SO ORDERED.
FootNotes
1. Plaintiff was awarded a total of $74,134.00 in back-due benefits.
2. Plaintiff received $5,500.00 in attorney's fees under EAJA, and Plaintiff's counsel must refund to Plaintiff the amount of fees already received. (ECF No. 28.) See Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002) (noting that fees may be awarded under both § 406(b) and EAJA but that the claimant's attorney must refund to the claimant the amount of the smaller fee) (internal quotations and citation omitted); Astrue v. Ratliff, 130 S.Ct. 2521, 2528 (2010).
