Bates v. Social Security Administration

Filing 22

ORDER directing Plaintiff's counsel to file, within fourteen days of the entry of this Order, a Response indicating whether he requested an award of attorney's fees from the Commissioner for his administrative-level work pursuant to 42 U.S.C. § 406(a); and if so, whether the Commissioner granted his § 406(a) attorney's fee request, and in what amount. Signed by Magistrate Judge J. Thomas Ray on 4/7/2014. (jak)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION DENNIS KEITH BATES V. PLAINTIFF NO. 3:12CV00002 JTR CAROLYN W. COLVIN, Commissioner, Social Security Administration DEFENDANT ORDER On November 26, 2012, the Court entered a Memorandum Order and Judgment reversing the Commissioner’s decision and remanding this case for further administrative proceedings. Docs. #12 and #13. On April 2, 2013, the Court entered an Order awarding Plaintiff’s counsel $4,005.00 in attorney’s fees under the Equal Access to Justice Act (“EAJA”). Doc. #16. On remand, Plaintiff prevailed. On September 10, 2013, the Commissioner issued a Notice awarding Plaintiff $69,840.00 in past-due disability benefits. Doc. #17-2 at 1. The Commissioner withheld 25% of that award, $17,460.00, “in order to pay the approved [attorney’s] fee.” Doc. #17-2 at 3. On October 1, 2013, Plaintiff’s counsel filed a Motion requesting an award of attorney’s fees under 42 U.S.C. § 406(b) for his work performed at the District Court level. Doc. #17. Pursuant to his fee agreement with Plaintiff, he requests the full 25% contingency fee, $17,460.00.1 Plaintiff’s counsel is silent, however, as to whether he requested an attorney’s fee award from the Commissioner for his administrative-level work under 42 U.S.C. § 406(a). In a typical case where a claimant is successful at the administrative level, following a remand from District Court, the claimant’s attorney will request an award of attorney’s fees from the Commissioner for administrative-level work pursuant to § 406(a). This is important information for the Court to know, since the combined sum of any § 406(a) and § 406(b) attorney’s fee awards should not exceed the 25% withheld by the Commissioner from a claimant’s past-due benefits. IT IS THEREFORE ORDERED THAT Plaintiff’s counsel must file, within fourteen days of the entry of this Order, a Response indicating: (1) whether he requested an award of attorney’s fees from the Commissioner for his administrative-level work pursuant to 42 U.S.C. § 406(a); and (2) if so, whether the Commissioner granted his § 406(a) attorney’s fee request, and in what amount. 1 Plaintiff’s counsel acknowledges that, if he receives a § 406(b) attorney’s fee award, he will refund to Plaintiff the $4,005.00 awarded under the EAJA. Doc. #17 at 2. 2 Dated this 7th day of April, 2014. ____________________________________ UNITED STATES MAGISTRATE JUDGE 3

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