Butcher v. Astrue
Filing
44
MEMORANDUM Opinion and Order Signed by the Honorable Arlander Keys on 3/20/2014. Mailed notice(tlp, )
5176IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
SUE REBECCA BUTCHER
Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of
Social Security,
Defendant.
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No. 11 C 5176
Magistrate Judge Arlander Keys
MEMORANDUM OPINION AND ORDER
On February 8, 2012, the Commissioner filed a motion to
remand the instant cause of action and reverse the
Commissioner’s decision [dkt. #20].
Plaintiff consented to the
proposed action by Defendant, and on February 14, 2012 Judge St.
Eve granted the remand [dkt. #25].
On March 15, 2012, Plaintiff
filed a motion for attorney’s fees [dkt. 26#], however, it was
stricken by Judge Kendall on May 14, 2012, and a supplemental
motion for attorney’s fees pursuant to the Equal Access to
Justice Act was to be filed by the end of the month [dkt. #33].
On July 3, 2012, Judge Kendall granted Plaintiff’s
supplemental motion for attorney’s fees pursuant to the Equal
Access to Justice Act [dkt. #37].
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Thereafter, Plaintiff filed a
.C.S.U 24 ot tnausrup seef s’yenrotta rof tseuqer
motion for attorney’s fees pursuant to 42 U.S.C.
s’rehctuB .sM ot noitcejbo on saw ereht taht gnitats ,esnopser
reh delif renoissimmoC eht ,2102 ,72 tsuguA nO
.]83# .tkd[
)1()b(604
406(b)(1)
[dkt. #40].
Ms. Butcher’s counsel, Mr. Charles E. Binder, seeks fees in
the amount of $12,000.
On July 6, 2011, Ms. Butcher signed a
Retainer Agreement and Assignment consenting to the law firm’s
application for fees, if her case was successfully remanded,
that would not exceed 25% of the back due benefits awarded to
her.
Mr. Binder’s requested fee of $12,000 is less than the
agreed 25%, and less than the amount being withheld from
Plaintiff’s past due benefits for the payment of legal fees.
Although the Court would ordinarily find a $12,000 fee for a
total of 22 hours of work to be excessive, Mr. Binder did
successfully procure a remand as well as a generous benefits
package for Ms. Butcher upon remand.
Accordingly, and with no
objection from the Commissioner, the Court finds that Mr.
Binder’s fees are appropriate and the amount requested is
granted.
Upon receipt of this sum and the previously awarded
Equal Access to Justice Act fees of $3,908.52, counsel for Ms.
Butcher is ordered to refund the lesser of the two fees directly
to Plaintiff.
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Conclusion
For the reasons set forth above, the petition for an award
of attorney’s fees filed by counsel for Ms. Butcher [dkt. #38],
is granted.
The Court awards fees pursuant to 42 U.S.C. §406(b)
(1) to Attorney Charles E. Binder in the amount of $12,000.
Dated: March 20, 2014
E N T E R E D:
_____________________________
MAGISTRATE JUDGE ARLANDER KEYS
UNITED STATES DISTRICT COURT
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