Anglin v. Commissioner of Social Security

Filing 34

ORDER granting 33 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 $22,541.00. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/7/2025. (TLP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JEFFREY CLARK ANGLIN
v.

6:23-cv-587-NPM

COMMISSIONER OF SOCIAL SECURITY
ORDER
Having obtained an award of benefits, Jeffrey Clark Anglin requests a fee
award pursuant to 42 U.S.C. § 406(b). (Doc. 33). Section 406(b) contemplates a
reasonable fee award—not to exceed twenty-five percent of the claimant’s past-due
benefits—for work performed before the court. For the reasons stated in Anglin’s
motion, the contingent fee of twenty-five percent is reasonable.
Accordingly, the unopposed fee motion (Doc. 33) is GRANTED, and the
clerk is directed to amend the judgment in favor of Anglin to include a fee award of
$22,541.00.1 The fee award is to be paid out of Anglin’s past-due benefits, subject
to agency policy. If the withheld benefits in the Commissioner’s possession are
insufficient to satisfy the amount of fees determined reasonable by the court, then
the attorney must look to the claimant to recover the difference.
ORDERED on January 7, 2025.

Because Anglin’s counsel previously retained the $6,256.36 in fees awarded to Anglin under the
Equal Access to Justice Act (“EAJA”), they must refund the EAJA fees to Anglin. (Doc. 27).
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