Nance v. Commissioner of Social Security

Filing 47

ORDER granting 45 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 $25,470.06. 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
JACQUELINE NICHET NANCE
v.

8:20-cv-507-NPM

COMMISSIONER OF SOCIAL SECURITY
ORDER
Having obtained an award of benefits, Jacqueline Nance requests a fee award
under 42 U.S.C. § 406(b). (Doc. 45). 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 Nance’s motion, the
contingent fee of twenty-five percent is reasonable.
Accordingly, the unopposed fee motion (Doc. 45) is GRANTED, and the
clerk is directed to amend the judgment in favor of Nance to include a fee award of
$25,470.06.1 The fee award is to be paid out of Nance’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

1

Nance’s counsel previously retained fees awarded to Nance under the Equal Access to Justice Act
(“EAJA”). (Docs. 42, 43, 45-1). Nance requests that the court subtract the EAJA fees from the award of
§ 406(b) fees, which she calculates to be $24,720.06. While we heed Nance’s request, the court’s
calculations reflect that twenty-five percent of past-due benefits ($135,035 x 25% = $33,758.75) less the
EAJA award ($8,288.69) is $25,470.06. (Doc. 45-2).