Gailey v. Astrue
Filing
22
ORDER granting 20 Motion for Attorney Fees. Ordered by Judge Hugh Lawson on 9/27/2013. (nbp)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
JENNIFER L. GAILEY,
Plaintiff,
Civil Action 7:10-CV-22 (HL)
v.
CAROLYN W. COLVIN, Commissioner,
Defendant.
ORDER
This case is before the Court on Plaintiff’s Motion for Attorney’s Fees
under the Social Security Act (Doc. 20).
Plaintiff seeks an attorney’s fee award under 42 U.S.C. § 406(b)(1) in the
amount of $12,232.25. Plaintiff’s counsel acknowledges that he will be required
to refund to Plaintiff previously awarded fees under the Equal Access to Justice
Act (“EAJA”) in the amount of $6,449.10. The Commissioner does not object to
the § 406(b)(1) fee request subject to the EAJA refund. Accordingly, the Motion
for Attorney’s Fees is granted. Plaintiff shall receive $12,232.25 in attorney’s fees
to be paid out of Plaintiff’s past-due benefits award. Assuming Plaintiff paid the
previously awarded EAJA fees in the amount of $6,449.10 to her counsel,
counsel is directed to refund that amount to Plaintiff.
SO ORDERED, this the 27th day of September, 2013.
s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
mbh
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