Willits v. Astrue

Filing 23

ORDER granting 20 motion for attorney fees under 42 U.S.C. Section 406(b). Signed on 6/5/14 by Magistrate Judge John T. Maughmer. (Alexander, Pam) Modified on 6/5/2014 to delete original docket entry and order and replace with corrected version of both. (Alexander, Pam).

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
ST. JOSEPH DIVISION
Erin K. Willits,
Plaintiff,
v.
Carolyn W. Colvin,
Defendant.

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) Case No. 11-0417-CV-SJ-JTM
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ORDER

Pending before the Court is plaintiff’s Motion For U.S.C. §406(b) Fees, filed April 5,
2014, [Doc. 20]. After due consideration of the issues presented, and finding the requested fee
reasonable, See Gisbrecht v. Barnhart, 535 U.S. 789 (2002), it is
ORDERED that plaintiff’s Motion For U.S.C. §406(b) Fees, filed April 5, 2014,
[Doc. 20] is GRANTED. Accordingly, plaintiff’s counsel is awarded fees pursuant 42 U.S.C.
§406(b) in the amount $9,790.05 which were withheld by the Commissioner from the total past
due benefits awarded to plaintiff and shall refund to plaintiff the earlier EAJA fee award of
$4,451.89.

/s/ John T. Maughmer
John T. Maughmer
United States Magistrate Judge