WATSON v. COMMISSIONER OF SOCIAL SECURITY

Filing 37

ORDER denying 35 Motion for Attorney Fees. The Commissioner shall remit to Plaintiff those benefits which have been withheld. Signed by JUDGE RICHARD SMOAK on 10/4/2011. (jcw)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
TONY WATSON,
Plaintiff,
vs.

CASE NO. 5:09-cv-38/RS-MD

MICHAEL J. ASTRUE,
Defendant.
_________________________________________ /
ORDER
U

Before me is Plaintiff’s Attorney’s Motion for Attorney Fees (Doc. 35).
Attorney Barash has filed this motion twenty-one months after judgment was
entered in his client’s favor and eighteen months after fees were awarded under the
EAJA. While the award of fees under 42 U.S.C. §406(b) does not contain a limitations
period within the statute itself, this lengthy delay makes their award improper. The
Eleventh Circuit has not articulated a bright-line limitations period under Section 406(b),
however, a nearly two year delay is unreasonable. See Ramer v. Astrue, 2009 U.S. Dist.
LEXIS 86556, *29 (M.D. Fla. 2009) (fourteen day requirement); Newton v. Astrue, 2008
U.S. Dist. LEXIS 110174, *50 (N.D. Ga. 2008) (ninety day requirement). See also
Matthew Albanese, Essay, Reasonably Untimely: The Difficulty of Knowing When to File
a Claim for Attorney’s Fees in Social Security Disability Cases, and an Administrative
Solution, 78 GEO. WASH. L. REV. 1014 (2010).

The Motion (Doc. 35) is DENIED. The Commissioner shall remit to Plaintiff
those benefits which have been withheld.

ORDERED on October 4, 2011.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE