Bates v. Social Security Administration
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
DENNIS KEITH BATES
NO. 3:12CV00002 JTR
CAROLYN W. COLVIN,
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.
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.
Dated this 7th day of April, 2014.
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?