ORDER

WILLIAM C. GRIESBACH, Chief District Judge.

Plaintiff Hoffman now moves the Court to award attorney fees in the amount of $3,307 to her attorney to be paid by the defendant from funds withheld from Hoffman's disability back benefits pursuant to 42 U.S.C. § 406(b). ECF No. 25. Under the fee agreement between Plaintiff and her counsel for representation in federal court, Plaintiff's counsel is entitled to 25% of back due benefits consistent with 42 U.S.C. § 406(b). This Court previously remanded this case back to the Social Security Administration for further proceedings. Upon remand, an Administrative Law Judge found Hoffman disabled. As a result of that decision, Hoffman was found to be owed back benefits in excess of $73,000. The agency withheld $18,257, which is 25% of the back due benefits award.

From that $18,257, Hoffman is pursuing a $10,000 fee payment directly from the agency. This leaves $8,257 remaining. Hoffman's counsel requests $4,950 of the $8,257 be paid directly to Hoffman as refund for the Equal Access to Justice Act (EAJA) payment Hoffman's counsel previously received and which is typically offset from the § 406(b) award. Hoffman's counsel seeks a payment pursuant to § 406(b)(1) of the remaining $3,307.

Under the terms of the fee agreement Hoffman's counsel risked no recovery at all and any recovery for Hoffman would be largely due to the counsel's efforts. Hoffman's counsel provided a detailed accounting of his time. Furthermore, the government does not oppose the motion because "the motion is consistent with § 406(b)'s requirements, is in accord with the fee agreement, and is otherwise reasonable." ECF No. 27.

Therefore, the motion for an award of attorney fees (ECF No. 25) in the amount of $8,257 is GRANTED. The Commissioner is ordered to pay $3,307 to Counsel and $4,950 to Plaintiff.