Cesero v. Colvin

Filing 36

ORDER GRANTING 33 Plaintiff's Motion to Stay the filing of a Motion for Attorney's Fees under 406(b) until the SSA calculates the amount of past-due benefits that are owed. Signed by US District Judge Terrence W. Boyle on 9/10/2014. (Fisher, M.)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION NO. 7:13-cv-00109-BO Joseph Cesero, Plaintiff, v. CAROLYN W. 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 of the pastdue benefits to which the claimant is entitled by reason of such judgment." 42 U.S.C. § 406(b)(l)(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 of the last Social Security Award Notice sent to the plaintiff's counsel at the conclusion ofthe Agency's past-due benefit calculation. So ORDERED this _Ll2 day of ~I( , 2014.

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