Wiltshire v. Social Security Administration

Filing 40

ORDER AUTHORIZING THE AWARD OF ATTORNEY FEES - The Plaintiff's Motion for Authorization for Award of Attorney's Fees Pursuant to 42 U.S.C. § 406(b) 37 is hereby granted. The Plaintiff's attorney is awarded attorney fees in the amount of $8,998.25 pursuant to 42 U.S.C. 406(b). Defendant is therefore ordered to pay to Stephen Speicher, Attorney at Law, from the Plaintiff's past due benefits the amount of $8,998.25 and to release forthwith to the Plaintiff all withheld funds remaining after such payment. Plaintiff has also requested an award under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) 33 . In Filing #36 Defendant has agreed that $7,500 is an appropriate award. The Court finds this agreement to be reasonable, and such award is hereby made. Because the fee awarded under 42 U.S.C. 406(b) is larger than the agreed EAJA award and is to be paid directly to Plaintiff's Counsel, Defendant shall pay the EAJA award of $7,500 directly to the Plaintiff. Plaintiff's previous motion 33 is granted as set forth herein. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)