Briggs II v. Colvin

Filing 25

ORDER granting re 21 Motion for Attorney Fees. Plaintiff is AWARDED the requested $ 14,000.00. Upon receipt of the requested $ 14,000.00, counsel for Plaintiff is DIRECTED to remit $ 4,403.47 directly to Plaintiff. Signed by Judge William T. Moore, Jr on 3/28/19. (loh)

IN

THE UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

LOUIS HINTZE BRIGGS, II,

Plaintiff,
CASE NO. CV415-062

V.

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NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.

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ORDER

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Before the Court is Plaintiff's Motion for Attorneys' Fees.

(Doc.

21.)

GRANTED.

For

Upon

the

following

receipt

of

reasons,

payment,

Plaintiff's

counsel

for

motion

is

Plaintiff

is

DIRECTED to remit previously awarded Equal Access Justice Act
("EAJA") fees in the amount of $4,403.47 directly to Plaintiff.
Pursuant

to

42

U.S.C.

§

404(b),

the

Court

may

award

a

successful claimant's counsel attorneys' fees for work performed
before the Court in a "reasonable" amount. As § 406(b) fees stem

from

a

grant of

past-due

benefits,

the

Court

may

authorize

payment of "a reasonable fee for such representation, not in
excess of 25 percent of the total of the past-due benefits to
which

the

claimant is

entitled

by

reason

of

such

judgment."

Bergen v. Comm'r of Soc. Sec., 454 F.3d 1273, 1276 (11th Cir.

2006). Attorneys seeking to recover on such fees must petition
the Court for approval regardless of whether there is a written

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