Martin v. SSA

Filing 24

MEMORANDUM OPINION & ORDER: IT IS HEREBY ORDERD that: (1) Pla's 21 MOTION for Attorney Fees under 42:406(b) is GRANTED to ext counsel is awarded $5,367.50 in fees and (2) counsel must refund the prior EAJA fee award of $1,880.00 to his client. Signed by Judge G. Wix Unthank on 6/10/09.(MCB)cc: COR

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION at PIKEVILLE CIVIL ACTION NO. 07-121-GWU JEFFERY MARTIN, PLAINTIFF, VS. MEMORANDUM OPINION AND ORDER MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT. Counsel for the plaintiff has moved for an award of $5,490.00 in fees under 42 U.S.C. 406(b), and has submitted a copy of a fee agreement with his client permitting him to recover 25 percent of any past due benefits paid. The defendant responds that he withheld a total of $10,667.50 from the plaintiff's past due benefits of $42,667.50, and the parties agree that counsel has already received $5,300.00 of this amount for administrative work under 42 U.S.C. 406(a). This leaves $5,367.50 to be awarded under 406(b). sufficiently advised, IT IS HEREBY ORDERED that: (1) the plaintiff's Motion for Approval of Attorney Fee under 42 U.S.C. Accordingly, and the court being 406(b), Docket Entry No. 21, is GRANTED to the extent that counsel is awarded $5,367.50 in fees; and 1 07-121 Jeffery Martin (2) counsel must refund the prior Equal Access to Justice Act fee award of $1,880.00 to his client. This the 10th day of June, 2009. 2

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