Belcher v. SSA

Filing 23

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
TONY BELCHER,

)
)
) Action No. 5:07-cv-00337-JMH
)
)
) MEMORANDUM OPINION AND ORDER
)
)
)
)
)

Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of
Social Security
Defendant.
**
This

matter

is

**

before

**
the

**

**

Court

upon

Plaintiff’s

Motion

for

Attorney’s Fees [DE 16] pursuant to 42 U.S.C. § 406(b)(1), in which he
seeks

an

award

representing

of

attorney’s

Plaintiff

in

the

fees

to

underlying

Plaintiff’s
matter.

attorney

for

Defendant

has

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
to Defendant.

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:
(1)

that Plaintiff’s Motion for Attorney’s Fees [DE 16] pursuant

to 42 U.S.C. § 406 (b)(1) is GRANTED and
(2)

that

Plaintiff’s

counsel

is

$46,705.22.
This the 5th day of October, 2016.

2

awarded

attorney’s

fees

of