Dupree, Jr. v. Commissioner of Social Security

Filing 23

ORDER granting 21 Motion for Attorney's Fees. Signed by Magistrate Judge Amanda Arnold Sansone on 6/3/2024. (CES)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
HENRY DUPREE, JR.,
v.

Plaintiff,

Case No. 8:20-cv-2496-AAS

MARTIN O’MALLEY,
Commissioner of the Social
Security Administration, 1
Defendant.
______________________________________/
ORDER
Plaintiff Henry Dupree, Jr.’s counsel moves for an award of $25,116.00
in attorney’s fees under 42 U.S.C. § 406(b). (Doc. 21). The Commissioner does
not oppose the fee amount requested. (Doc. 22, p. 2).
Mr. Dupree applied for a period of disability and Disability Insurance
Benefits on July 9, 2018, which was denied initially and on reconsideration.
(Tr. 49–61, 64–78). Mr. Dupree then requested a hearing before an
Administrative Law Judge (ALJ), who found Mr. Dupree not disabled. (Tr. 14–
29, 147). The Appeals Council denied Mr. Dupree’s request for review of the
ALJ’s decision. (Tr. 1–6). Mr. Dupree then filed a complaint in this court. (Doc.

On December 20, 2023, Martin O’Malley became the Commissioner of the Social
Security Administration.

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1). After consideration of the issues raised in the parties’ joint memorandum of
law, the court remanded the decision of the Commissioner. (Docs. 15, 17). The
Commissioner found Mr. Dupree disabled on remand.
Under Section 406(b), when a court enters judgment favorable to a Social
Security claimant represented by counsel, the court may award attorney’s fees
not to exceed twenty-five percent of the claimant’s total past-due benefits. 42
U.S.C. § 406(b)(1)(A). Based on the fee agreement that Mr. Dupree agreed his
counsel could request 25% of the past-due benefits for attorney’s fees, an award
of attorney’s fees of $25,116.00 is appropriate. (See Doc. 21-2).
The court awarded Mr. Dupree’s counsel $3,055.06 in attorney’s fees
under the Equal Access to Justice Act (EAJA). (Doc. 20). When an attorney
receives attorney’s fees under the EAJA and Section 406(b), the attorney must
refund the smaller fee. Black v. Culbertson, 470 F. App’x 737, 739 (11th Cir.
2012). Mr. Dupree’s counsel must refund any attorney’s fees awarded under
the EAJA.
Thus, the Motion for Attorney’s Fees Under 42 U.S.C. § 406(b) (Doc. 21)
is GRANTED. Mr. Dupree’s counsel is awarded $25,116.00 in attorney’s fees
and must refund to Mr. Dupree the attorney’s fees received under the EAJA.

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ENTERED in Tampa, Florida on June 3, 2024.

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