Payne v. Colvin

Filing 22

ORDER granting 20 Motion for Attorney Fees. IT IS HEREBY ORDERED that the relief requested in the Motion is GRANTED. Pursuant to 42 U.S.C. § 406(b)(1)(A), the Court authorizes payment of attorney's fees in the amount of $18,524.50 to Plaintiff's attorney, Michael A. Bliven. Signed by Magistrate Judge Timothy J. Cavan on 6/6/2022. (JDH)

Case 1:16-cv-00147-TJC Document 22 Filed 06/06/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
TINA PAYNE,

CV 16-147-BLG-TJC
Plaintiff,

vs.

ORDER

KILOLO KIJAKAZI, Acting
Commissioner of Social Security
Administration, 1
Defendant.
Michael A. Bliven, counsel for Plaintiff Tina Payne, has filed an Unopposed
Motion for Attorney Fees pursuant to 42 U.S.C. § 406(b). (Doc. 20.) Mr. Bliven
requests attorney fees in the amount of $18,524.50. The Commissioner has no
objection to the Motion.
On June 11, 2018, the Court remanded this case to the Commissioner for
further administrative proceedings. (Doc. 18.) Plaintiff subsequently prevailed on
remand, and was awarded total past-due benefits in the amount of $74,108.00. (Doc.
20-4.) The Social Security Administration withheld $18,524.50, which represents
less than 25% of the award, for the direct payment of attorney fees. (Id.)

Kilolo Kijakazi is substituted for Nancy A. Berryhill pursuant to Federal Rule of
Civil Procedure 25(d).

1

Case 1:16-cv-00147-TJC Document 22 Filed 06/06/22 Page 2 of 2

The Social Security Employment Agreement between Plaintiff and Mr.
Bliven, as well as the governing law, 42 U.S.C. § 406(b)(1)(A), limit the recovery
of attorney fees to no more than 25% of past-due benefits. The Court finds the
$18,524.50 award is within the 25% limit imposed under the fee agreement and
§406(b)(1)(A). The Court further finds that the award is reasonable.
Accordingly, IT IS HEREBY ORDERED that the relief requested in the
Motion is GRANTED. Pursuant to 42 U.S.C. § 406(b)(1)(A), the Court authorizes
payment of attorney’s fees in the amount of $18,524.50 to Plaintiff’s attorney,
Michael A. Bliven.
DATED this 6th day of June, 2022.
_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge