Worthington v. Astrue
Filing
56
ORDER granting 55 Motion to Stay on 406(b) Fees - Because the amount of past-due benefits and attorney's fees is unknown at this time, the Court orders that ifthe plaintiff's attorney seeks attorney's fees under 42 U.S.C. 167;§ 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 of the last Social Security Award Notice sent to the plaintiff's counsel at the conclusion of the Agency's past-due benefit calculation. Signed by District Judge Louise Wood Flanagan on 12/12/2012. (Baker, C.)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No:7: ll-cv-00207-FL
MARGARET RASCOE WORTHINGTON)
Plaintiff,
)
)
)
v.
)
)
MICHAEL 1. ASTRUE,
)
Commissioner of Social Security,
)
)
Defendant.
)
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 of 25 percent of the total of the 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 ifthe 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 of the last Social Security Award Notice sent to the
plaintiffs counsel at the conclusion of the Agency's past-due benefit calculation.
12th
December
So ORDERED this _ _ day of_ _ _ _ _---.,;, 2012.
,-----_._---
U.S. DISTRICT COURT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?