Hernandez v. Astrue

Filing 46

ORDER granting 42 Motion for Attorney Fees. Signed by Judge David G Campbell on 3/24/2011.(NVO)

Hernandez v. Astrue

Doc. 46

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA John C. Hernandez, Plaintiff, vs. Michael J. Astrue, Commissioner of Social Security, Defendant. On January 15, 2010, the Court reversed Defendant's decision denying social security benefits to Plaintiff. Doc. 32. On remand, Defendant awarded Plaintiff $55,996 in past-due benefits, withholding 25 percent of that amount ­ $13,999 ­ for the payment of potential attorney's fees. Doc. 43-1. Plaintiff's counsel, Mark Caldwell, has filed a motion for award of attorney's fees under 42 U.S.C. § 406(b). Doc. 42. Defendant does not oppose the motion. Doc. 44. The requested fee award of $13,999 is consistent with the contingent fee agreement between Plaintiff and Mr. Caldwell (Doc. 43-2), and is reasonable in that it represents an hourly rate of $358. See Gisbrecht v. Barnhart, 535 U.S. 789 (2002). IT IS THEREFORE ORDERED: 1. The motion for award of attorney's fees (Doc. 42) is granted pursuant to No. CV-09-621-PHX-DGC ORDER

42 U.S.C. § 406(b). 2. Mark Caldwell, counsel for Plaintiff, is awarded $13,999.00 in attorney's

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

fees, to be paid out of the sums withheld by Defendant from Plaintiff's past-due benefits. 3. Mr. Caldwell shall, after receipt of the award under 42 U.S.C. § 406(b),

refund to Plaintiff the $6,734.58 previously awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412. Doc. 41. Dated this 24th day of March, 2011.

-2-