Wilson v. Astrue et al

Filing 39

ORDER. IT IS HEREBY ORDERED that: 1. Plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b) is GRANTED. 2. Counsel Ethel J. Schaen and Thomas A. Krause are awarded attorney fees in the amount of $16,248.0 0. 3. Counsel Ethel J. Schaen and Thomas A. Krause will refund to Plaintiff attorney fees in the amount of $4,874.84, which recovered under the Equal Access to Justice Act. (Written Opinion). Signed by Chief Judge Michael J. Davis on 1/8/12. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

LaDoris Wilson,
Plaintiff,
ORDER
Civil File No. 10-418 (MJD/AJB)

v.
Michael J. Astrue, Commissioner of
Social Security,
Defendant.

Ethel J. Schaen, Schaen Law Office, and Thomas A. Krause, Thomas A. Krause,
P.C., Counsel for Plaintiff.
Gregory G. Brooker, Assistant United States Attorney, Counsel for Defendant.

The above-entitled matter comes before the Court upon Plaintiff’s Motion
for Attorney Fees Pursuant to 42 U.S.C. § 406(b). Plaintiff’s attorneys seek a fee
of $16,248.00, which is twenty-five percent of the total back benefits that they
recovered for Plaintiff. The Government has not objected to this request, and the
amount sought by Plaintiff’s attorneys is consistent with their fee arrangement
with the Plaintiff and also with 42 U.S.C. § 406(b).

Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED that:

1. Plaintiff’s Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b) is
GRANTED.
2. Counsel Ethel J. Schaen and Thomas A. Krause are awarded attorney
fees in the amount of $16,248.00.
3. Counsel Ethel J. Schaen and Thomas A. Krause will refund to Plaintiff
attorney fees in the amount of $4,874.84, which recovered under the
Equal Access to Justice Act.

Dated: January 8, 2012

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court