Wilkerson v. Colvin

Filing 23

ORDER granting 22 Motion for Attorney Fees.in the amount of $5,501.69. Signed by Magistrate Judge Brian K. Epps on 6/12/17. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
CECELIA WIILKERSON, as Mother and
Next Friend of B.B., a Minor child,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration,1
Defendant.

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CV 114-100

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ORDER
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On June 18, 2015, the Court granted a reversal and remand pursuant to sentence four
of 42 U.S.C. § 405(g) and subsequently awarded Plaintiff $5,042.39 in attorney’s fees and
expenses under the Equal Access to Justice Act (“EAJA”). (Doc. nos. 17, 21.) Because the
Administrative Law Judge awarded Plaintiff past due benefits on remand, Plaintiff now
moves for attorney’s fees pursuant to 42 U.S.C. § 406(b) in the amount of $5,501.69, which
represents twenty-five percent of the past due benefits awarded to Plaintiff minus the
previously-awarded EAJA fees and expenses. See Jackson v. Comm’r of Soc. Sec., 601 F.3d
1268, 1274 (11th Cir. 2010) (allowing for attorney who receives fees under both the EAJA

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The Court takes judicial notice that on January 20, 2017, Nancy A. Berryhill became the
Acting Commissioner of the Social Security Administration. Pursuant to Fed. R. Civ. P. 25(d),
the Court DIRECTS the Clerk of Court to substitute Nancy A. Berryhill as Defendant in this
case.

and § 406(b) to effectuate required refund of the smaller fee by deducting EAJA award from
§ 406(b) request); Paltan v. Comm’r of Soc. Sec., 518 F. App’x 673, 674 (11th Cir. 2013).
The Acting Commissioner did not file a response to the motion, and it is therefore deemed
unopposed. Loc. R. 7.5.
Accordingly, the Court GRANTS Plaintiff’s motion, (doc. no. 22), and awards
attorney’s fees under § 406(b) in the amount of $5,501.69.
SO ORDERED this 12th day of June, 2017, at Augusta, Georgia.

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