Ericson v. Astrue

Filing 31

MEMORANDUM AND ORDER - IT IS ORDERED that the motion filed by Plaintiff's counsel for an award of attorney fees (filing 27 ) is granted, as follows: The Commissioner shall distribute to Plaintiff's counsel, from the amount withheld from Plaintiffs past-due benefits for the payment of attorney fees, the sum of $19,500.00. Plaintiff's counsel shall refund to Plaintiff the sum of $6,500.00, the full amount previously awarded as attorney fees under the EAJA, and shall provide the Commissioner with documentation showing that the EAJA attorney fee award has been refunded to Plaintiff. Ordered by Senior Judge Richard G. Kopf. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANDREW E. ERICSON,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
Defendant.

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8:11CV432

MEMORANDUM
AND ORDER

On January 27, 2014, the court entered a memorandum and order (filing 29)
concerning a motion filed by Plaintiff’s counsel for an award of attorney fees under
42 U.S.C. § 406(b), in the amount of $19,500.00 (filing 27). After reviewing the
motion and supporting documents, the court directed Plaintiff’s counsel to attempt to
secure an affidavit from their client approving the proposed fee award and to file the
same with the court. Such an affidavit was filed on January 30, 2014 (filing 30).
Because Plaintiff does not object to the proposed award, and because the
amount of fees requested appears reasonable under the circumstances,
IT IS ORDERED that the motion filed by Plaintiff’s counsel for an award of
attorney fees (filing 27) is granted, as follows:
1. The Commissioner shall distribute to Plaintiff’s counsel, from the amount
withheld from Plaintiff’s past-due benefits for the payment of attorney fees, the sum
of $19,500.00; and
2. Plaintiff’s counsel shall refund to Plaintiff the sum of $6,500.00, the full
amount previously awarded as attorney fees under the EAJA, and shall provide the

Commissioner with documentation showing that the EAJA attorney fee award has
been refunded to Plaintiff.
February 3, 2014.

BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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