Patsios v. Colvin

Filing 42

MEMORANDUM AND ORDER that the plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b)(1) (filing 38 ) is granted. An attorney fee of $6,000.00 shall be paid by the plaintiff from past due benefits withheld by the defendant. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DEBRA D. PATSIOS,
Plaintiff,

4:13-CV-3134

vs.
MEMORANDUM AND ORDER
CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,
Defendant.
This matter is before the Court upon the plaintiff's Motion for Attorney
Fees Pursuant to 42 U.S.C. § 406(b)(1) (filing 38). The defendant has no
objection to the awarding of fees in the amount of $6,000.00, which
represents 40 hours of work at $150.00 per hour. See filings 41 and 38. The
Court has rendered a judgment favorable to the plaintiff, as the
Commissioner's decision was reversed and the case was remanded to the
Commissioner for calculation and award of benefits. Therefore, the plaintiff is
entitled to an award of attorney fees. See § 406(b)(1)(A).
The Court, having reviewed the record, finds that the fee is reasonable
and does not exceed 25 percent of the total of the past-due benefits to which
the plaintiff was entitled. See id. An attorney fee of $6,000.00 will be
awarded, to be paid by the plaintiff from past due benefits that were (or
should have been) withheld by the defendant.
IT IS ORDERED:
1.

The plaintiff's Motion for Attorney Fees Pursuant to 42
U.S.C. § 406(b)(1) (filing 38) is granted.

2.

An attorney fee of $6,000.00 shall be paid by the plaintiff
from past due benefits withheld by the defendant.

3.

A separate judgment will be entered.

Dated this 6th day of July, 2016.
BY THE COURT:
John M. Gerrard
United States District Judge

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