Serini, Jr. v. Colvin

Filing 32

ORDER granting 29 motion for attorney fees pursuant to 42 USC 406(b). However, Plaintiff is ordered to refund the entire EAJA fee to Plaintiff Signed on 2/25/20 by District Judge Roseann Ketchmark. (Dollar, Jordan)

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

CHARLES G. SERINI, JR.,
Plaintiff,
v.
NANCY A. BERRYHILL,
Defendant.

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No. 2:16-04230-CV-RK

ORDER GRANTING PLAINTIFF’S APPLICATION FOR ATTORNEY
FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
Now pending before the Court is Plaintiff’s Application for Attorney Fees under 42 U.S.C.
§ 406(b). (Doc. 29.) Defendant has no objection to Plaintiff’s request for attorney fees (Doc. 31.)
Pursuant to 42 U.S.C. § 406(b), the Court may award attorney’s fees to a successful
claimant’s counsel for worked performed before the Court in a “reasonable” amount, not to exceed
twenty-five percent of the total past due benefits awarded to the claimant. These fees are awarded
from the past due benefits awarded to the claimant and are withheld from the claimant by the
Commissioner. Id. However, an attorney cannot collect fees under both 406(b) and the Equal
Access to Justice Act (“EAJA”). Rather, upon receipt of 406(b) fees, counsel must refund the
smaller of the two fees to Plaintiff. See Pub. L. No. 99-80, § 3, 99 Stat. 186. In this case, the Court
awarded Plaintiff $4,083.42 in EAJA fees. (Doc. 28.)
Accordingly, it is ORDERED that Plaintiff is awarded attorney’s fees in the amount of
$11,674.25 pursuant to 42 U.S.C. § 406(b). However, it is further ORDERED that Plaintiff’s
counsel refund the entire EAJA fee to Plaintiff.
IT IS SO ORDERED.
s/ Roseann A. Ketchmark
ROSEANN A. KETCHMARK, JUDGE
UNITED STATES DISTRICT COURT
DATED: February 25, 2020