Anderson v. Commissioner of Social Security

Filing 25

ORDER granting in part and denying in part 22 Motion for Attorney Fees. Plaintiff must file any request for an award of attorney's fees under § 406(b) in this Court within 45 days of the claimant's receipt of any notice of award from the SSA. Signed by Magistrate Judge Jane M. Virden on 9/1/15. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION

ARETHA LYNN ANDERSON

PLAINTIFF

V.

NO. 3:14CV00275-JMV

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER
Before the Court is “Plaintiff’s Attorney’s Preliminary Motion for an Award of Attorney
Fees Under 42 U.S.C. Section 406(b)” [22]. To the extent Plaintiff’s counsel seeks to preserve
the viability of a future claim for fees in the event Plaintiff is awarded benefits by the Social
Security Administration on remand, the Commissioner does not oppose the motion.
Accordingly, the motion is hereby GRANTED in this limited respect, and Plaintiff must file any
request for an award of attorney’s fees under § 406(b) in this Court within 45 days of the
claimant’s receipt of any notice of award from the SSA. See Charlton v. Astrue, No. 3:10-cv-56O-BH, 2011 WL 6325905, at *2 (N.D. Tex. Nov. 22, 2011) (accepting a 406(b) petition as
timely in the court’s discretion where petition was filed within a reasonable time of the notice of
disability award and did not prejudice the plaintiff); Daigle v. Social Security Administration,
No. 062393, 2010 WL 3522389, at 3 (W.D. La. Aug. 31, 2010) (exercising discretion to find
406(b) petition not untimely where timing of petition was not unreasonable and no prejudice to
SSA or claimant).
SO ORDERED this 1st day of September, 2015.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE