Tyson v. Colvin

Filing 38

MEMORANDUM AND ORDER that plaintiff's Motion for Attorney Fees Under 42 U.S.C. § 406(b) 34 is granted. By separate document, the Court shall enter judgment for plaintiff and against defendant providing that plaintiff is awarded attorney f ees of $4,212.50. The plaintiff's counsel is directed to refund the fee award of $4,212.50, once received, to the plaintiff. The plaintiff's counsel may now transfer the previously-awarded fees of $6,328.90 to herself as payment for her services in this case. Ordered by Judge John M. Gerrard. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHERYL L. TYSON,
Plaintiff,

8:13-CV-29

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 Under 42 U.S.C. § 406(b) (filing 34). In a previous order, the Court
awarded the plaintiff fees and expenses in the amount of $6,328.90 pursuant
to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Filing 32. Now before
the Court is the plaintiff's motion for $4,212.50 in attorney fees pursuant to
42 U.S.C. § 406(b). The defendant has no objection to the awarding of fees
and expenses in that, which represents 25 percent of the plaintiff's award of
past due benefits, provided that the plaintiff's counsel refunds the lesser of
the two fee awards to the plaintiff. Filing 37. Plaintiff's counsel has agreed to
do so, and the plaintiff herself does not object. Filing 35 at 5; filing 36 at 15.
The Court, being fully advised in the premises, finds that the amount of
fees requested is fair and reasonable. Accordingly, the Court will grant the
plaintiff's motion and award the requested fees. The Court will further direct
the plaintiff's counsel to refund the smaller fee award to the plaintiff, and
authorized counsel to transfer the amount of the previous fee award from her
trust account as payment for services rendered.
IT IS ORDERED:
1.

The plaintiff's Motion for Attorney Fees Under 42 U.S.C. §
406(b) (filing 34) is granted.

2.

By separate document, the Court shall enter judgment for
plaintiff and against defendant providing that plaintiff is
awarded attorney fees of $4,212.50.

3.

The plaintiff's counsel is directed to refund the fee award of
$4,212.50, once received, to the plaintiff.

4.

The plaintiff's counsel may now transfer the previouslyawarded fees of $6,328.90 to herself as payment for her
services in this case.

Dated this 4th day of November, 2014.
BY THE COURT:
John M. Gerrard
United States District Judge

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