Hill v. Colvin

Filing 27

ORDER granting 26 Motion for Attorney Fees. Signed by District Judge Victoria A. Roberts. (LVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JARON D. HILL

Civil Action No. 2:15-cv-10332
Honorable Victoria A. Roberts
Magistrate Judge Anthony P. Patti

Plaintiff
v.
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF
SOCIAL SECURITY,

Defendant.
_________________________________/
ORDER GRANTING PLAINTIFF’S
MOTION FOR ATTORNEY FEES
This cause is before the Court on Plaintiff’s Counsel’s Motion for
Authorization of Attorney Fees pursuant to 42 U.S.C. §406(b). On January
26, 2015, plaintiff, Jaron Hill, filed a Complaint against defendant, Carolyn
Colvin, Commissioner of Social Security. This matter was remanded to the
Commissioner pursuant to a Stipulated Remand (Doc. #19) under
Sentence Four of 42 U.S.C. §405(g), with a Judgment issuing on October
28, 2015 (Doc #20).

Subsequent to the Remand, and after an

administrative hearing, plaintiff was issued a fully favorable decision on
August 19, 2016.

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Counsel now seeks $9,013.75 in attorney fees under 406(b).
Counsel has sent a letter to plaintiff, notifying him of her request for
attorney fees and affording him an opportunity to respond.

No such

response has been received, with plaintiff’s counsel’s original motion
having been served on plaintiff on December 5, 2016.
Under 42 U.S.C. §406, “a court may allow ‘a reasonable fee not in
excess of 25% of the past due benefits’ awarded to the claimant.”
§406(b)(1)(A).

Here, it is undisputed that the fee requested does not

exceed 25% of the past-due benefits awarded to plaintiff.

Plaintiff,

moreover, signed a contingency fee agreement agreeing to pay 25% of his
past-due benefits should there be a favorable decision in federal court.
Accordingly, it is ORDERED that the Motion for Attorney Fees
requested is GRANTED.
It is further ORDERED that Eva I. Guerra is awarded $9,013.75 to be
paid in accordance with the procedures set forth in 42 U.S.C. §406(b).
S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: January 25, 2017

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The undersigned certifies that a copy of this
document was served on the attorneys of
record by electronic means or U.S. Mail on
January 25, 2017.
s/Linda Vertriest
Deputy Clerk

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