HALL v. ASTRUE
Filing
28
ORDER THAT PLAINTIFF'S MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. &406 (b) IS GRANTED AND THE COURT AWARDS PLAINTIFF'S ATTORNEY MICHAEL PATRICK BOYLE, THE SUM OF $11,253.50 IN ATTORNEY'S FEES. PLAINTIFF'S ATTORNEY MICHAEL PATRICK BOYLE SHALL REMIT TO PLAINTIFF THE SUM OF $3,472.91 PREVIOUSLY PAID UNDER 28 U.S.C. &2412 (d) BY 7/18/12; ETC.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/18/12. 6/18/12 ENTERED AND E-MAILED.(jl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WILMA L. HALL,
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Plaintiff,
v.
MICHAEL J. ASTRUE,
Defendant.
CIVIL ACTION
NO. 08-6047
O R D E R
AND NOW, this 18th day of June, 2012, it is hereby
ORDERED that Plaintiff’s Motion for Attorney’s Fees Pursuant to
42 U.S.C. §406(b) (ECF No. 20) is GRANTED and the Court AWARDS
Plaintiff’s Attorney, Michael Patrick Boyle, the sum of
$11,253.50 in attorney’s fees.
It is hereby further ORDERED that Plaintiff’s
Attorney, Michael Patrick Boyle, shall remit to Plaintiff the
sum of $3,472.91 previously paid under 28 U.S.C. § 2412(d) by
July 18, 2012.
No later than July 30, 2012, Michael Patrick
Boyle shall file a certificate of compliance with the order of
the Court.1
1
Because in this case counsel was awarded fees under
the Equal Access to Justice Act, 28 U.S.C. § 2412(b), ECF No.
AND IT IS SO ORDERED.
s/Eduardo C. Robreno
EDUARDO C. ROBRENO, J.
19, and the Court awards counsel fees under 42 U.S.C. § 406(b),
such a recovery is a double payment. Under those circumstances,
counsel is required to remit the smaller of the two fee awards,
here the award under the Equal Access to Justice Act, directly
to Plaintiff. See Gisbrecht v. Barnhart, 535 U.S. 789, 796
(2002) (citing Act of Aug. 5, 1985, Pub.L. 99-80, § 3, 99 Stat.
186).
2
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