Lake v. Astrue

Filing 23

ORDER granting 21 motion for attorney fees. Signed on 3/15/11 by Magistrate Judge John T. Maughmer. (Alexander, Pam)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

Jackie D. Lake, Plaintiff, V. Michael J. Astrue, Defendant.

) ) ) ) ) Case No. 08-4043-CV-C-JTM ) ) ) ) ORDER

Pending before the Court is plaintiff's attorney's Motion To Approve Attorney's Fee, filed January 19, 2011 [Doc. 21] wherein counsel seeks an award of fees in the amount of $10,000.00 under 42 U.S.C. §406(b). Such fees appearing to be reasonable, and for good cause shown, it is ORDERED that plaintiff's counsel, Frank T. Koch is awarded $10,000.00 in fees under 42 U.S.C. §406(b). Accordingly, defendant shall pay Frank T. Koch $10,000.00 in attorney's fees and refund to plaintiff the $5,712.75 remainder of attorney fees withheld from plaintiff's past due benefits. It is further ORDERED that plaintiff's counsel shall reimburse plaintiff in the amount of $2,730.33 for EAJA fees previously received.

/s/ John T. Maughmer

JOHN T. MAUGHMER U. S. MAGISTRATE JUDGE