Schilling v. Astrue
Filing
47
ORDER granting 46 Motion to Stay On 406(b) Fees - Signed by District Judge Louise Wood Flanagan on 05/29/2013. (Baker, C.)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO.: 7:11-cv-00176-FL
BETHANY LANEY SCHILLING
Plaintiff,
v.
CAROLYN COLVIN
Acting Commissioner of Social Security,
Defendant.
)
)
) ORDER TO STAY PROCEEDINGS
)
)
)
)
)
ORDER
Section 406(b) (and section 1383(d)(2) with regard to Title XVI claims) of Title
42 governs motions for attorney's fees in Social Security disability cases, and provides in
relevant part that "the court may determine and allow as part of its judgment a reasonable
fee for [an attorney's] representation, not in excess of25 percent of the total ofthe pastdue benefits to which the claimant is entitled by reason of such judgment." 42 U.S.C. §
406(b)(1 )(A). At this time the specific amount of past-due benefits, if any, is unknown.
Rule 54 of the Federal Rules of Civil Procedure may apply to the filing of a
request for attorney's fees pursuant to Sections 406(b) and 1383(d)(2). Because the
amount of past-due benefits and attorney's fees is unknown at this time, the Court orders
that if the plaintiffs attorney seeks attorney's fees under 42 U.S.C. §§ 406(b) or
1383(d)(2) in the future he must file a motion for approval of such fees no later than
thirty (30) days after the date ofthe last Social Security Award Notice sent to the
plaintiffs counsel at the conclusion of the Agency's past-due benefit calculation.
Ttl
So ORDERED this,;;A day of
Acyj
_ ,2013.
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