Dishong v. Colvin

Filing 33

MEMORANDUM AND ORDER - The plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b) (filing 29 ) is granted. By separate document, the Court shall enter judgment for plaintiff and against defendant providing that plaintiff is aw arded attorney fees of $24,789.00. The defendant shall release the withheld amount of $16,519.00 to the plaintiff's counsel, and the plaintiff's counsel shall recover the mistakenly released sum of $8,270.00 directly from the plaintiff's minor child. The plaintiff's counsel is directed to refund the fee award of $8,889.87 to the plaintiff. Ordered by Judge John M. Gerrard. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KRISTINE M. DISHONG,
Plaintiff,

8:15-CV-399

vs.
MEMORANDUM AND ORDER
NANCY A. BERRYHILL, 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) (filing 29). In a previous order, the Court
awarded the plaintiff fees and expenses in the amount of $8,889.87 pursuant
to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Filing 27. Now before
the Court is the plaintiff's motion for $24,789.00 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 amount, 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 31. Plaintiff's counsel has
agreed to do so. Filing 29 at 3.
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 Pursuant to 42
U.S.C. § 406(b) (filing 29) is granted.

2.

By separate document, the Court shall enter judgment for
plaintiff and against defendant providing that plaintiff is
awarded attorney fees of $24,789.00.

3.

The defendant shall release the withheld amount of
$16,519.00 to the plaintiff's counsel, and the plaintiff's
counsel shall recover the mistakenly released sum of
$8,270.00 directly from the plaintiff's minor child.

4.

The plaintiff's counsel is directed to refund the fee award of
$8,889.87 to the plaintiff.

Dated this 11th day of September, 2018.
BY THE COURT:
John M. Gerrard
United States District Judge

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