Johnson v. BERRYHILL

Filing 30

ORDER Granting 27 Motion for Attorney Fees. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EUNICE JOHNSON,

Civil No.: 17-10452

:
Plaintiff,
:
Hon. Matthew F. Leitman
:
United States District Judge
v.
:
:
Hon. David R. Grand
ANDREW SAUL,
:
United States Magistrate Judge
COMMISSIONER OF
:
SOCIAL SECURITY,
:
:
Defendant.
:
__________________________________________________________________/
ORDER ON MOTION FOR AWARD OF § 406(b) FEES
Plaintiff’s motion for an award of attorney fees under 42 U.S.C. § 406(b) in
the amount of $9,735.00 (Docket No. 27) is GRANTED. The Commissioner has no
objection to this motion (Docket No. 27 at 6 n.2). That award amounts to 25% of
the past due benefits of $38,940.01 that the attorney’s efforts obtained for Plaintiff
in this case.

I conclude under the circumstances that it is reasonable.

See

Gisbrecht v. Barnhart, 535 U.S. 789 (2002).1 This order has been presented and
approved by Attorney Ronald Makawa from the Office of General Counsel of the
Social Security Administration.
1

Since this Court denied Plaintiff’s attorney’s motion for fees under the Equal
Access to Justice Act (“EAJA”) (Docket No. 25), there is no EAJA award to return
to the claimant. See Gisbrecht, 535 U.S. at 796 (“Fee awards may be under both
[the EAJA and § 406(b)], but the claimant’s attorney must refund to the claimant
the amount of the smaller fee.”) (internal quotation and alteration omitted).

s/ Wesley J. Lamey
Wesley J. Lamey
Michigan Bar #73613
Ball, Banton, and Johnson, P.C.
28755 Schoenherr Rd., Ste. 100
Warren, MI 48088
Attorney for Plaintiff

s/Ronald W. Makawa2
Ronald W. Makawa
Social Security Administration
Office of the General Counsel
15 New Sudbury St.
Room 625
Boston, MA 02203

IT IS SO ORDERED.
/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: October 24, 2019

2

Signed with consent obtained via email communication on October 24, 2019.