Rosen v. Commissioner of Social Security

Filing 37

ORDER granting 35 unopposed motion for attorney fee award pursuant to 42 U.S.C. § 406(b). The clerk is directed to amend the judgment to include an award to plaintiff of $20,554.75.Signed by Magistrate Judge Nicholas P. Mizell on 4/19/2024. (TLP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SUZANNE SARAH ROSEN,
Plaintiff,
v.

2:16-cv-639-NPM

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER
Having obtained an award of benefits, Suzanne Sarah Rosen requests a fee
award pursuant to 42 U.S.C. § 406(b). (Doc. 35). Section 406(b) allows an award of
a reasonable fee—not to exceed twenty-five percent of the claimant’s past-due
benefits—for work performed before the court. And for the reasons stated in Rosen’s
motion, the requested fee award is reasonable.
Accordingly, the unopposed fee motion (Doc. 35) is GRANTED, and the
clerk is directed to amend the judgment in favor of Rosen to include a fee award of
$20,554.75.1
ORDERED on April 19, 2024.

The motion for attorney’s fees states that Rosen’s counsel was awarded $7,870.89 in fees under
the Equal Access to Justice Act (“EAJA”), which will be refunded to Rosen. (Doc. 35 at 3).
However, the court’s calculations reflect that the correct amount is $7,863.48, which represents
$7,851.48 in attorney’s fees and $12.00 in paralegal fees, exclusive of costs and expenses.
Therefore, counsel must refund $7,863.48 in EAJA fees to Rosen.
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