Hogan v. Colvin

Filing 20

ORDER granting 14 motion for attorney fees. Signed on 3/22/2021 by District Judge M. Douglas Harpool. (Maerz, Mary)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
AUDRA L. HOGAN,

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Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of the Social
Security Administration,
Defendant.

Case No. 4:16-CV-00863

ORDER
Before the Court is Plaintiff’s Attorney’s Motion for an Award of Attorney Fees under
42 U.S.C. § 406(b). (Doc. 14). Plaintiff’s Attorney seeks $20,979.15. Section 206(b)(1)(A) of the
Social Security Act, 42 U.S.C. § 406(b)(1)(A), provides that a court may award a “reasonable”
attorney fee not in excess of 25% of past-due benefits under Title II of the Social Security Act for
an attorney’s representation of a plaintiff for Title II benefits before that court. In Gisbrecht v.
Barnhart, 535 U.S. 789, 122 S. Ct. 1817 (2002), the Supreme Court set forth the method for
calculating a “reasonable” 42 U.S.C. § 406(b) fee. Plaintiff’s Attorney asserts and demonstrates
that their request is consistent with Gisbrecht.
Plaintiff received an award of $62,937.45, which represents her share of the past due
benefits after withholding $20,979.15 for attorney fees. Plaintiff’s Attorney’s request is thus
consistent with Gisbrecht. The Government does not oppose this request. Therefore, Plaintiff’s
Attorney’s Motion is GRANTED, and it is ORDERED that Plaintiff’s Attorney is awarded
$20,979.15.

Case 4:16-cv-00863-MDH Document 20 Filed 03/22/21 Page 1 of 2

IT IS SO ORDERED.
Dated: March 22, 2021

/s/ Douglas Harpool______
DOUGLAS HARPOOL
United States District Judge

Case 4:16-cv-00863-MDH Document 20 Filed 03/22/21 Page 2 of 2