KOEHLING v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER

Filing 23

ORDER accepting 22 Report and Recommendations re 20 Motion for Attorney Fees - By JUDGE JON D. LEVY. (mnd)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
TRACY K.,

Civil No.: 1:16-cv-00519-JDL

Plaintiff,
v.
MARTIN O’MALLEY, 1
Commissioner of Social Security,
Defendant.

March 29, 2024
ORDER

Upon consideration of Plaintiff’s petition for attorney’s fees under 42 U.S.C.
§ 406(b), and Defendant’s response, the Magistrate Judge’s Recommended Decision
on Motion for Attorney Fees [ECF No. 22] is ACCEPTED, and it is ORDERED that
Francis Jackson, Esquire is awarded an attorney’s fee under the Social Security Act,
42 U.S.C. § 406(b), in the amount of $10,811.00 (or 25% of Plaintiff’s past-due
benefits, whichever is less). Plaintiff’s counsel will reimburse Plaintiff any fees he
previously received under the Equal Access Justice Act (EAJA), 28 U.S.C. § 2412.
SO ORDERED.
Dated: March 29, 2024
/s/ Jon D. Levy
U.S. DISTRICT JUDGE

Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to
Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’Malley should be substituted for Kilolo
Kijakazi as the defendant in this suit. No further action need be taken to continue this suit by reason
of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

1