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).

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ST. JOSEPH DIVISION Erin K. Willits, Plaintiff, v. Carolyn W. Colvin, Defendant. ) ) ) ) ) Case No. 11-0417-CV-SJ-JTM ) ) ) ) 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

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