TAYLOR v. BARNHART

Filing 28

VACATED PER DOC 34 ORDER granting 22 Motion for Attorney Fees. Signed by SENIOR JUDGE MAURICE M PAUL on 12/9/09. (bkp) Modified on 1/27/2010 (tss)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ERICA D TAYLOR, Plaintiff, v. MICHAEL J ASTRUE, Defendant. _____________________________/ ORDER This matter is before the Court on Doc. 22, motion for attorney fees under 42 U.S.C. § 406(b)(1). A telephone conference was held on November 24, 2009, during which the government agreed that attorney's fees of 25% of the amount recovered were appropriate. This was based on the contingency arrangement between Plaintiff and Plaintiff's counsel. See Exhibit E to Doc. 22, the fee arrangement between Plaintiff and counsel. Under the agreement and under the typical policy of the Commissioner, the 25% due to counsel should have been withheld from the lump sum benefits award. However, in this case, the Commissioner did not withhold 25%, and Plaintiff has told her counsel that she has spent the funds. In order to facilitate proper payment of counsel in this case, the Court finds that Plaintiff's counsel is entitled to $2,502.29 for fees in this case (after crediting the amount previously received under the Equal Access to Justice Act). The government is directed to contact the CASE NO. 4:07-cv-00018-MP-WCS

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Commissioner and determine a manner of withholding all or part of Plaintiff's future benefits to pay counsel the $2,502.29. A copy of this order shall be sent directly to Plaintiff. DONE AND ORDERED this 9th day of December, 2009

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 4:07-cv-00018-MP-WCS