Edwards v. Commissioner of Social Security

Filing 18

OPINION and ORDER GRANTING 16 MOTION FOR AUTHORIZATION OF ATTORNEY FEES Signed by District Judge Linda V. Parker. (AFla)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TAMARA E. EDWARDS,
Plaintiff,
Civil Case No. 18-13526
Honorable Linda V. Parker

v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
_______________________________/

OPINION AND ORDER GRANTING MOTION FOR AUTHORIZATION
OF ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b)
Plaintiff commenced this action to appeal a final administrative decision
denying her claim for benefits under the Social Security Act. The parties thereafter
stipulated to a remand to the Social Security Administration for further action
pursuant to sentence four of 42 U.S.C. § 405(g). (ECF No. 14.) On remand,
Plaintiff was found disabled and awarded past due benefits. (ECF No. 16-1.) The
Social Security Administration notified Plaintiff that it would withhold $31,157.57
in benefits, representing an award of attorney’s fees equal to 25% of the total
amount of past due benefits to which Plaintiff is entitled.1 (Id. at Pg. ID 1205.) At

In a recent Notice filed with the Court, Plaintiff’s counsel states that “a new
Notice of Award [] issued by the Administration . . . . indicates that $30,614.50
was withheld for attorney fees.” (ECF No. 17 at Pg. ID 1240-41.)
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the administrative level, Plaintiff requested attorney’s fees totaling $10,000. (ECF
No. 16-7 at Pg. ID 1239.)
The matter is presently before the Court on a motion for authorization of
attorney’s fees pursuant to 42 U.S.C. § 406(b) in the amount of $8000, filed by
Plaintiff’s counsel. (ECF No. 16.) Plaintiff consents to the fee request. (Id. at Pg.
ID 1195, ⁋ 10.) Defendant does not object to the requested relief. (Id., ⁋ 9.)
Section 406(b) authorizes a court to award a social security claimant the fees
for his or her representative in an amount not to exceed 25 percent of the total of
the past-due benefits to which the claimant is entitled. 42 U.S.C. § 406(b). While
fee awards are possible under both the Equal Access to Justice Act (“EAJA”), 28
U.S.C. § 2412, and § 406(b), Congress provided that “the claimant’s attorney must
‘refund to the claimant the amount of the smaller fee.’” Gisbrecht v. Barnhart, 535
U.S. 789, 796 (2002) (quoting Pub. L. 99-80, § 3, 99 Stat. 186). In this case,
Plaintiff’s counsel did not request fees under the EAJA. (ECF No. 16 at Pg. ID
1195, ⁋ 9.)
Accordingly,
IT IS ORDERED that Plaintiff’s Motion for Attorney Fees Pursuant to
§ 406(b) of the Social Security Act is GRANTED and Plaintiff’s counsel is

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awarded fees in the amount of $8,000.
IT IS SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: April 28, 2021

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