Newberne v. ASTRUE

Filing 20

ORDER granting 19 Motion for Attorney Fees. Ordered by U.S. District Judge HUGH LAWSON on 2/19/2014. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
CHERE LAVON NEWBERNE,
Plaintiff,
Civil Action 7:12-CV-80 (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. 19). The Commissioner has not filed a
response to the motion, which means the motion is unopposed.
Plaintiff seeks an attorney’s fee award under 42 U.S.C. § 406(b)(1) in the
amount of $13,630.23. 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 $4,425.54.
The Motion for Attorney’s Fees is granted. Plaintiff shall receive
$13,630.23 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
$4,425.54 to counsel, counsel is directed to refund that amount to Plaintiff.
SO ORDERED, this the 19th day of February, 2014.

s/ Hugh Lawson______________
HUGH LAWSON, SENIOR JUDGE
mbh