Golden v. Astrue

Filing 22

ORDER granting 20 Motion for Attorney Fees. Ordered by Judge Hugh Lawson on 2/4/2013. (nbp)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION PATRICIA GOLDEN, Plaintiff, Civil Action 7:10-CV-138 (HL) v. MICHAEL J. ASTRUE, 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 $12,361. 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 $4,739.46. 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 $12,361 in attorney’s fees to be paid out of Plaintiff’s past-due benefits award. Plaintiff’s counsel is directed to refund $4,739.46 to Plaintiff. SO ORDERED, this the 4th day of February, 2013. s/ Hugh Lawson HUGH LAWSON, SENIOR JUDGE mbh

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