Williams v. Social Security Administration

Filing 25

OPINION AND ORDER by Judge Frank H. Seay granting 24 Motion to File Document Out of Time (dma, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
DOUGLAS EDWARD WILLIAMS,

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Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner
Social Security Administration
Defendant.

No. CIV-10-490-FHS-SPS

OPINION AND ORDER

Before
Unopposed

the

Court

Motion

for

for

its

Relief

consideration
Pursuant

is

to

60(b)(6)(Dkt. No. 24) filed on October 17, 2013.

Plaintiff’s
Fed.R.Civ.P.
Plaintiff’s

counsel seeks relief which would allow him to file his motion for
attorney fees under 42 U.S.C. § 406(b)(1) within sixty days
following his receipt of a Notice of Award issued by the Social
Security Administration.

The Court finds Plaintiff’s counsel is

entitled to the requested relief.

Attorney fees are awardable under 42 U.S.C. § 406(b)(1) when
a

social

security

claimant

is

awarded

disability

following a remand from a federal district court.
Barnhart,

450

F.3d

493,

(10th

496

Cir.

2006).

benefits
McGraw v.
In

such

circumstances, the fourteen-day period running from the date of
judgment under Fed.R.Civ.P. 54(d)(2)(B)(i) will have expired and
claimants, such as Plaintiff and her counsel herein, rely on
Fed.R.Civ.P. 60(b)(6) to seek such fees well after the expiration
of the fourteen-day period.

Id. at 505.
1

The McGraw Court noted,

however, that “[a] motion for an award of fees under § 406(b)(1)
should be filed within a reasonable time of the Commissioner’s
decision awarding benefits.”

Id.

On March 28, 2012, this Court remanded this action to the
Commissioner

for

further

administrative

sentence four of 42 U.S.C. § 405(g).
2013,

Plaintiff

and

her

counsel

action

pursuant

to

On or about October 15,

received

notification

of

a

favorable decision from the Administrative Law Judge determining
her to be disabled since January 15, 2005.

Plaintiff’s counsel

filed

under

the

60(b)(6)

instant

two

days

motion
later

seeking

on

relief

October

17,

2013.

Fed.R.Civ.P.
According

to

Plaintiff’s counsel, the amount of retroactive benefits awardable
to Plaintiff has not been calculated.

Under these circumstances,

the Court finds it appropriate to authorize Plaintiff’s counsel
to file his § 406(b)(1) motion for attorney fees following his
receipt of a Notice of Award containing the calculation of pastdue

benefits.

The

“decision

awarding

benefits”

language

referenced by the McGraw Court necessarily includes not only the
favorable decision on disability, but the actual award of pastdue benefits.

Thus, Plaintiff’s counsel is entitled to file his

motion for attorney fees within a reasonable time of the receipt
of the Notice of Award.

Plaintiff’s

Counsel’s

Motion

for

Relief

Pursuant

to

Fed.R.Civ.P. 60(b)(6) (Dkt. No. 24) is granted and Plaintiff’s
counsel is authorized to file his motion for attorney fees under
§ 406(b)(1) within sixty days of his receipt of the Notice of
Award

containing

the

calculation

benefits.
2

of

Plaintiff’s

past-due

It is so ordered this 21st day of October, 2013.

3