McNaught, Richard v. Colvin, Carolyn, 15-cv-526-bbc. (2017)
Court: District Court, E.D. Wisconsin
Number: infdco20171212e70
Visitors: 4
Filed: Dec. 11, 2017
Latest Update: Dec. 11, 2017
Summary: ORDER BARBARA B. CRABB , District Judge . On October 12, 2017, I entered an order under 42 U.S.C. 406(b), granting $7,330.00 in fees to plaintiff Richard McNaught's attorney, Dana Duncan, from plaintiff's past due benefits. I also ordered release to plaintiff of the remaining portion of the statutory fee ($10,881.25) that had been withheld by the Acting Commissioner. Plaintiff's counsel has filed an unopposed motion to modify the October 12 order to permit him to seek the remaining porti
Summary: ORDER BARBARA B. CRABB , District Judge . On October 12, 2017, I entered an order under 42 U.S.C. 406(b), granting $7,330.00 in fees to plaintiff Richard McNaught's attorney, Dana Duncan, from plaintiff's past due benefits. I also ordered release to plaintiff of the remaining portion of the statutory fee ($10,881.25) that had been withheld by the Acting Commissioner. Plaintiff's counsel has filed an unopposed motion to modify the October 12 order to permit him to seek the remaining portio..
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ORDER
BARBARA B. CRABB, District Judge.
On October 12, 2017, I entered an order under 42 U.S.C. § 406(b), granting $7,330.00 in fees to plaintiff Richard McNaught's attorney, Dana Duncan, from plaintiff's past due benefits. I also ordered release to plaintiff of the remaining portion of the statutory fee ($10,881.25) that had been withheld by the Acting Commissioner.
Plaintiff's counsel has filed an unopposed motion to modify the October 12 order to permit him to seek the remaining portion of the statutory fees from the administrative agency. As counsel points out, I reduced his requested fees in part because he had included time spent at the administrative level. I agree with counsel that he should be permitted to seek such fees at the agency level and that the administrative law judge could determine whether to release any remaining statutory fee to plaintiff. Accordingly, I will grant the motion.
ORDER
IT IS ORDERED that Dana Duncan's motion to modify the October 12, 2017 order, dkt. #27, is GRANTED. The Acting Commissioner shall hold the remaining portion of the statutory fee ($10,881.25) pending the outcome of Duncan's request for fees submitted to the administrative law judge.
Source: Leagle
