Seaton v. Astrue

Filing 36

ORDER granting 34 Plaintiff's Attorney's Motion for Award of Attorney's Fees in the amount of $31,574.79. Defendant shall refund to plaintiff the remainder, if any, of any past due benefits withheld for potential attorney's fees. See order for additional details. Signed by Senior Judge Frederick J Martone on 6/29/2016.(LMR)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Allen Gene Seaton,
Plaintiff,

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ORDER

v.

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No. CV-11-01143-PHX-FJM

Carolyn W. Colvin,

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Defendant.

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The court has before it Plaintiff's Attorney's Motion for Award of Attorney's Fees

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under 42 U.S.C. Section 406(b) (Doc. 34) and the Defendant's Response (Doc. 35),

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indicating that it has no objection to the motion.

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Counsel has a contingent fee agreement with plaintiff for 25% of all past due

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benefits awarded. Although counsel did not seek fees under the fee shifting provisions of

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28 U.S.C. Section 2412, his petition is framed with an offset for the fees that might have

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been awarded.
Cross checking the contingent fee against the load star suggests that the multiplier

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for the contingent nature is not unreasonable. Accordingly, it is ORDERED GRANTING

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Plaintiff's Attorney's Motion for an award of attorney's fees under 42 U.S.C. Section

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406(b) in the amount of $31,574.79. (Doc. 34). It is further ORDERED that the

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//

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defendant shall refund to plaintiff the remainder, if any, of any past due benefits withheld
for potential attorney's fees.
Dated this 29th day of June, 2016.

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