Belcher v. SSA
MEMORANDUM OPINION AND ORDER: (1) Pla's 16 Motion for Attorney Fees pursuant to 42 USC 406(b)(1) is GRANTED. (2) Pla's counsel is awarded attorney's fees of $46,705.22. Signed by Judge Joseph M. Hood on October 5, 2016. (AWD) cc: COR
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION AT LEXINGTON
) Action No. 5:07-cv-00337-JMH
) MEMORANDUM OPINION AND ORDER
CAROLYN W. COLVIN,
Acting Commissioner of
Attorney’s Fees [DE 16] pursuant to 42 U.S.C. § 406(b)(1), in which he
responded, stating no objection [DE 22].
Plaintiff has entered into a fee agreement which provides for a
reasonable fee for services in court as determined by the court, not to
exceed 25 percent of past due benefits. The total accrued past due
benefits paid to Plaintiff and his auxiliaries is $230,820.90, according
Plaintiff’s attorney states she received $11,000 from the
agency in fees pursuant to 42 U.S.C. Section 406(a). The requested amount
of $46,705.23 plus the previously awarded $11,000 is one cent more than
25 percent of the past due benefits withheld for the possible payment
of attorney fees.
Having considered the matter, $46,705.22 appears to
be a reasonable fee for services in district court. See Gisbrecht v.
Barnhart, 535 U.S. 789, 798 n. 6 (2002).
Accordingly, IT IS ORDERED:
that Plaintiff’s Motion for Attorney’s Fees [DE 16] pursuant
to 42 U.S.C. § 406 (b)(1) is GRANTED and
This the 5th day of October, 2016.
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