POULIN v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
Filing
21
ORDER ON MOTION FOR AWARD OF FEES - granting 20 Motion for Attorney Fees. By JUDGE D. BROCK HORNBY. (mnw)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
GARRY POULIN,
PLAINTIFF
V.
CAROLYN W. COLVIN, ACTING
COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION,
DEFENDANT
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CIVIL NO. 1:14-CV-102-DBH
ORDER ON MOTION FOR AWARD OF FEES
The plaintiff’s motion for an award of attorney fees under 42 U.S.C.
§ 406(b) in the amount of $9,033.50 (ECF No. 20) is GRANTED.
(The
Commissioner has not objected.) That award, together with the $6,000 fee the
Commissioner awarded under 42 U.S.C. § 406(a), amounts to 25% of the past
due benefits of $60,134.00 that the lawyer’s efforts obtained for the plaintiff in
this case. Twenty-five percent is the amount the plaintiff agreed to pay under
the Contingent Fee Agreement (ECF No. 20-2), and I conclude under the
circumstances that it is reasonable. See Gisbrecht v. Barnhart, 535 U.S. 789
(2002); Siraco v. Astrue, 806 F. Supp.2d 272 (D. Me. 2011). Upon receiving
payment, counsel shall return to the plaintiff the earlier award of $3,090.80 in
EAJA fees.
SO ORDERED.
DATED THIS 5TH DAY OF APRIL, 2017
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE
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