Morales v. Social Security Administration

Filing 23

OPINION AND ORDER signed by Senior Judge Charles R. Simpson, III on 7/8/2016, re 17 Motion for Attorney Fees. Plaintiff's attorney is entitled to a fee award of 25% of Plaintiff's past-due benefits, for a total of $6,018.30. cc: Counsel(RLK)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
ROBERT F. MORALES

PLAINTIFF

CIVIL ACTION NO. 3:12-CV-00400-CRS

v.

CAROLYN W. COLVIN, ACTING COMMISSIONER
SOCIAL SECURITY ADMINISTRATION

DEFENDANT

Opinion and Order
Robert Morales moves for attorney fees. The Court may award attorney fees out of pastdue benefits, but the fee cannot exceed 25 percent of past-due benefits. 42 U.S.C. § 406(b).
Morales requested approval for $6,216.00 in attorney fees to come out of the past-due
benefits. Mot., ECF No. 17. The Commissioner pointed out that $6,216.00 is 25 percent of
$24,865.71, which Morales had already received in benefits. Notice of Award, ECF No. 17-3.
Instead, the proper calculation is 25 percent of $24,073.21, the amount of past-due benefits,
which is $6,018.30. In reply, Morales conceded that this is the proper fee calculation.
The Court finds that plaintiff’s attorney is entitled to a fee award of 25% of plaintiff’s
past-due benefits, for a total of $6,018.30.
It is so ordered.
July 8, 2016

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