Gibson v. Commissioner of Social Security

Filing 30

ORDER denying 28 Unopposed Motion for Attorney's Fees Under 42 U.S.C. § 406(b). Signed by Magistrate Judge Leslie Hoffman Price on 10/12/2023. (MKH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

ZENI PARRIS GIBSON,
Plaintiff,
v.

Case No: 6:21-cv-915-LHP

COMMISSIONER OF SOCIAL
SECURITY,
Defendant

ORDER
This cause came on for consideration without oral argument on the following
motion filed herein:
MOTION: UNOPPOSED MOTION FOR ATTORNEY’S FEES
UNDER 42 U.S.C. § 406(b) (Doc. No. 28)
FILED:

September 12, 2023

THEREON it is ORDERED that the motion is DENIED.
By the above-styled motion, counsel for Plaintiff Bradley K. Boyd, Esq. seeks
an award of attorney’s fees pursuant to 42 U.S.C. § 406(b), following an award of
social security benefits to Claimant and her auxiliary beneficiaries on remand.
Doc. No. 28.

The record reflects that the Notices of Award for the auxiliary

beneficiaries issued November 21, 2022. Doc. Nos. 28-1 through 28-4. A Notice
of Award regarding Plaintiff’s past-due benefits issued March 11, 2023. Doc. No.
28-5. But Attorney Boyd filed the above-styled motion on September 12, 2023.
Doc. No. 28.
Upon initial consideration, the Court questioned whether the motion was
timely filed given that it was filed several months after the Notices of Award issued.
Accordingly, the Court issued an Order directing supplemental briefing from the
parties on this issue. Doc. No. 29. Attorney Boyd’s supplemental briefing was
due on or before October 11, 2023. Id. at 2.

However, Attorney Boyd has not

timely filed a supplemental brief as directed, which the Court deems as a concession
that the above-styled motion is untimely.
Accordingly, the Unopposed Motion for Attorney’s Fees Under 42 U.S.C. §
406(b) (Doc. No. 28) is DENIED.
DONE and ORDERED in Orlando, Florida on October 12, 2023.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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