James v. Berryhill

Filing 26

ORDER Granting 24 Motion for Attorney Fees - Signed by District Judge Nancy G. Edmunds. (LBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EMMIT JAMES, JR.,
Plaintiff,

Case No. 18-11911

v.
Honorable Nancy G. Edmunds
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
/
ORDER GRANTING PETITION FOR ATTORNEY FEES [24]
Pending before the Court is Petitioner’s motion for an award of attorney’s fees.
(ECF No. 24.) Petitioner successfully represented Plaintiff in this social security appeal
and asks the Court to enter an order awarding to her attorney’s fees pursuant to 42 U.S.C.
§ 406(b)(1). Petitioner seeks reasonable and necessary attorney’s fees in the amount of
$7,628.15. The Commissioner filed a response indicating it has no objection to awarding
Petitioner a reasonable attorney fee pursuant to 42 U.S.C. § 406(b) so long as the total
compensation does not exceed $7,628.15. In other words, the Commissioner approves
of the requested fee award so long as Petitioner refunds the previously paid EAJA fee to
Plaintiff. To this end, Petitioner states in her motion the previously paid EAJA fee will be
refunded to Plaintiff if the Court grants this motion for attorney’s fees. Having considered
the record in this matter and being fully advised in the premises, the Court finds that
Petitioner’s motion should be GRANTED. It is hereby ORDERED that pursuant to 42
U.S.C § 406(b) Petitioner is awarded reasonable and necessary attorney’s fees in the
amount of $7,628.15.
SO ORDERED.
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s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: October 22, 2020
I hereby certify that a copy of the foregoing document was served upon counsel of record
on October 22, 2020, by electronic and/or ordinary mail.
s/Lisa Bartlett
Case Manager

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